[2019] KEELC 2153 (KLR)
The court found that the applicant was not candid regarding the identity of the subject land, as a review of previous files revealed that the suit land is indeed the same as in the current application. To ensure a fair and comprehensive determination, the court directed that the files referenced by the respondents...
Source-derived case information.
- Citation
- [2019] KEELC 2153 (KLR)
- Parties
- Applicant: Jeremiah M’Njogu; Respondent: Executive Officer Meru High Court; Respondent: District Land Registrar – Meru Central; Respondent: District Surveyor Meru Central; Respondent: Gilverse Mutethia John; Respondent: Martha Naitore M’Murithi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 12 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Directions Regarding Consolidation and Consideration of Related Files
- Outcome
- Directions issued for related files to be availed and considered; only ELC files to be physically availed.
- Legal Topics
- Multiplicity of Suits, Consolidation of Cases, Identity of Subject Matter
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah M’Njogu
Applicant
Executive Officer Meru High Court
Respondent
District Land Registrar – Meru Central
Respondent
District Surveyor Meru Central
Respondent
Gilverse Mutethia John
Respondent
Martha Naitore M’Murithi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Directions Regarding Consolidation and Consideration of Related Files
Legal Issues
- 1 Whether the subject matter in the current and previous suits is the same.
- 2 Whether the court should call for and consider related files in determining the present application.
Ratio Decidendi
The court found that the applicant was not candid regarding the identity of the subject land, as a review of previous files revealed that the suit land is indeed the same as in the current application. To ensure a fair and comprehensive determination, the court directed that the files referenced by the respondents be availed for consideration. However, only the Environment and Land Court (ELC) files would be physically availed, though parties could reference any other related files. This approach is intended to prevent duplicity, ensure consistency in judicial determinations, and uphold the integrity of the court process.
Court Disposition
Directions issued for related files to be availed and considered; only ELC files to be physically availed.
Orders
- The files mentioned by the respondents shall be availed for the court's consideration.
- Only the ELC files shall be physically availed, but parties may reference any other file.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
MISC CIVIL APPLICATION NO. 12 OF 2019
JEREMIAH M’NJOGU..................................................................APPLICANT
VERSUS
EXECUTIVE OFFICER MERU HIGH COURT..............1ST RESPONDENT
DISTRICT LAND REGISTRAR – MERU CENTRAL...2ND RESPONDENT
DISTRICT SURVEYOR MERU CENTRAL....................3RD RESPONDENT
GILVERSE MUTETHIA JOHN.........................................4TH RESPONDENT
MARTHA NAITORE M’MURITHI..................................5TH RESPONDENT
RULING
1. The applicant has filed two applications one dated 6. 3.2019 and another one dated 6. 6.2019. Mr. Kiongo, counsel for the 1st – 4th respondents has urged this court to take into account that applicant has filed numerous suits and applications where the subject matter is the same. Some of the files mentioned are:
(i) Meru JR 19/16 ELC
(ii) Meru HCC No. 1 of 2017
(iii) ELC JR No. 31 of 2013
2. The said counsel urges this court to call for those files and consider them while giving a determination herein. Counsel for 5th respondent is in agreement with these averments and has added that the subject matter in all these suits is land parcel no. Ntima/Ntakira/685 which was allegedly divided in 1991 into Ntima/Ntakira/2488 and 2489.
3. The 5th respondent has also listed some of the other files as;
- Meru HCCA No. 21 of 1990.
- Meru Misc JR No. 30/2003 High court
- Meru JR Misc No. 5 of 2008
- HC JR No. 31/2013
- HC JR No. 7 of 2015
- HC JR No. 19 of 2016
- HC JR No. 7/2016
4. Applicant objects to the application by the respondents and he avers that the subject land is not the same.
5. I find that applicant is not candid since I have had the opportunity of perusing some of those files i.e. ELC JR No. 5/08 and I find that the suit land is the same.
6. In the circumstances directions are hereby given for the files mentioned by respondent to be availed whereby the court will consider the contents therein while giving a determination. For clarity, only the ELC files shall be availed though parties are at liberty to make reference to any other file.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 29TH DAY OF JULY, 2019 IN THE PRESENCE OF:-
C/A: Dennis
Applicant
Kiongo for 1st respondent and holding brief for Kayugira for 5th respondent
HON. LUCY. N. MBUGUA
ELC JUDGE