[2003] KEHC 860 (KLR)
The court found that although the parties and premises in both appeals were the same, the issues for consideration in each appeal were totally different. In Civil Appeal No. 246 of 1995, the appeal concerned whether the reference was filed out of time and was dismissed on that preliminary ground, with no...
Source-derived case information.
- Citation
- [2003] KEHC 860 (KLR)
- Parties
- Appellant: Grace Wanjiku; Respondent: Kulsumbai M. Husein & Others
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 14 of 1997
- Procedural Posture
- Civil Appeal / Ruling on Application for Consolidation of Appeals
- Outcome
- application dismissed with costs
- Legal Topics
- Consolidation of Appeals, Appeal Procedure, Rent Tribunal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wanjiku
Appellant
Kulsumbai M. Husein & Others
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Consolidation of Appeals
Legal Issues
- 1 Whether Civil Appeal No. 246 of 1995 and Civil Appeal No. 14 of 1997 should be consolidated given the similarity of parties and premises but alleged difference in issues.
- 2 Whether the issues in the two appeals are sufficiently similar to warrant consolidation.
Ratio Decidendi
The court found that although the parties and premises in both appeals were the same, the issues for consideration in each appeal were totally different. In Civil Appeal No. 246 of 1995, the appeal concerned whether the reference was filed out of time and was dismissed on that preliminary ground, with no consideration of the merits. In Civil Appeal No. 14 of 1997, the appeal was against the assessment of rent following a landlord's notice for rent increment, and the merits of the reference were considered. Given the distinct issues in each appeal, the court held that consolidation would not be proper and dismissed the application for consolidation with costs.
Court Disposition
application dismissed with costs
Orders
- The application for consolidation of Civil Appeal No. 246 of 1995 and Civil Appeal No. 14 of 1997 is dismissed.
- The applicant shall bear the costs of this application.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASACIVIL APPEAL NO. 14 OF 1997
GRACE WANJIKU ……….…………….…………………... APPELLANT
- VERSUS -
KULSUMBHAI M. HUSEIN & OTHERS ……………… RESPONDENTS
R U L I N G
The application by Chamber Summons dated 22nd May, 2000 seeks an order for consolidation of two Appeals, namely Civil Appeal No. 246 of 1995 and Civil Appeal No. 14 of 1998. The reasons advanced were that the parties are the same, issues similar and involves the same premises. But the Respondent’s Counsel opposed the said consolidation for reasons that although the parties and premises were the same the issues were different.
In Appeal No. 246 of 1995, the Appellant Grace Wanjiku has filed an appeal against the Tribunal’s Judgement dismissing her reference on the ground that the same was filed out of time. The Court therefore never went ahead to look in to the merits of the reference while, in Appeal No. 14/97, the same Appellant has preferred an appeal against the Tribunal’s Judgement dated 19. 3.97 in which the same Appellant had filed a reference because the landlord had given a notice for increasement of rent. The court then assessed the rent but the Appellant was not satisfied with the end result and hence the appeal.
Clearly in my understanding of the two appeals, the issues for consideration on appeal are totally different. In the circumstances it would not be proper to consolidate the appeals and consequently the application is dismissed with costs.
Dated and Delivered at Mombasa this 4th day of July, 2003. P.M. TUTUI COMMISSIONER OF ASSIZE