[2019] KEELC 1294 (KLR)
The court found that the two suits involved the same parties, arose from the same or similar transactions, and concerned adjacent parcels of land with virtually identical pleadings. The court determined that consolidation would promote judicial efficiency, avoid duplication of proceedings, and ensure that common...
Source-derived case information.
- Citation
- [2019] KEELC 1294 (KLR)
- Parties
- Plaintiff: Hadija Njeri Kamau; Defendant: Abdalla Tairara Godoro; Defendant: Herodho Sheikh Bin Sheikh
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 187 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Consolidation of Suits
- Outcome
- application for consolidation allowed
- Judges
- DO Ohungo
- Legal Topics
- Consolidation of Suits, Case Management, Adjacent Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hadija Njeri Kamau
Plaintiff
Abdalla Tairara Godoro
Defendant
Herodho Sheikh Bin Sheikh
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Consolidation of Suits
Legal Issues
- 1 Whether the suit should be consolidated with Nakuru ELC No. 186 of 2014 due to common questions of law and fact.
- 2 Whether consolidation would promote judicial efficiency and avoid duplication of proceedings.
Ratio Decidendi
The court found that the two suits involved the same parties, arose from the same or similar transactions, and concerned adjacent parcels of land with virtually identical pleadings. The court determined that consolidation would promote judicial efficiency, avoid duplication of proceedings, and ensure that common questions of law and fact are resolved together. The absence of opposition from the defendants further supported the appropriateness of consolidation. Accordingly, the court exercised its discretion to order consolidation of the two suits.
Court Disposition
application for consolidation allowed
Orders
- This suit is hereby consolidated with Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAKURU
CASE No. 187 OF 2014
HADIJA NJERI KAMAU.........................................................PLAINTIFF
VERSUS
ABDALLA TAIRARA GODORO.................................1ST DEFENDANT
HERODHO SHEIKH BIN SHEIKH...........................2ND DEFENDANT
RULING
1. This ruling is in respect of plaintiff’s Notice of Motion dated 2nd July 2019, an application seeking an order that this suit be consolidated with Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh and further that both cases be listed for pre-trial on 15th October 2019. The applicant further prays that costs be in the cause.
2. The application is supported by an affidavit sworn by the applicant. She deposed that she is also the plaintiff in Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh and that the said suit arises from the same transaction as this suit and that the same set of witnesses and documents will be relied on. She stated that following demise of the original plaintiff in this case, she was substituted in his place pursuant to the ruling dated 20th June 2019. She added that Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh is scheduled for pre-trial conference on 15th October 2019 and that it would save judicial time if both matters are consolidated.
3. The application was duly served on the defendants in this case who are also the defendants inNakuru ELC No. 186 of 2014. No response was filed by them. They did not also attend court at the hearing of the application.
4. Whenever there are common questions of law or fact arise in two or more matters or where the reliefs claimed are in respect of the same or series of transactions, consolidation is a handy tool which helps the court to achieve efficiency in the hearing and disposal of the suits. The Court of Appeal stated in Stumberg And Another vs Potgeiter 1970 E.A. 323 as follows:-
Where there are common questions of law or facts in actions having sufficient importance in proportion to the rest of each action to render it desirable that the whole of the matters should be disposed of at the same time, consolidation should be ordered
5. I have had the benefit of perusing the file in Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh and I note that indeed the parties in both matters are the same. The subject matter in this case is a parcel of land known as Dundori/Lanet Block 5/384 (New Gakoe) while the subject matter in Nakuru ELC No. 186 of 2014isDundori/Lanet Block 5/383 (New Gakoe). The two properties appear to be adjacent to each other. Save for minor details, the plaints in both matters are virtually a replica of each other and the circumstances in which the cause of action allegedly arose appear to be the same. I however found no evidence that Nakuru ELC No. 186 of 2014is scheduled for pre-trial conference on 15th October 2019. I will however give appropriate directions upon delivery of this ruling.
6. In view of the foregoing, I am satisfied that a case for consolidation has been made. I therefore make the following orders:
a) This suit is hereby consolidated with Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh.
b) Costs shall be in the cause.
Dated, signed and delivered in open court at Nakuru this 9th day of October 2019.
D. O. OHUNGO
JUDGE
In the presence of:
No appearance for the plaintiff/applicant
No appearance for the defendants/respondents
Court Assistants: Beatrice & Lotkomoi