[2016] KEELC 1146 (KLR)
The court determined that, since both ELC 141 of 2007 and ELC 24 of 2014 concern the same parcel of land and involve related parties, it is prudent to consider consolidation of the two matters. This approach will prevent the risk of conflicting decisions by different judges exercising similar jurisdiction. The court...
Source-derived case information.
- Citation
- [2016] KEELC 1146 (KLR)
- Parties
- Applicant: Joseph Thugo Gichuhi; Applicant: Michael Chege; Respondent: Teresiah Wanjiku Njuguna
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 141 of 2007
- Procedural Posture
- Land and Property Suit / Ruling on Consolidation and Mention
- Outcome
- Mention and directions for possible consolidation ordered.
- Judges
- FM Njoroge
- Legal Topics
- Case Consolidation, Conflicting Judgments, Horizontal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Thugo Gichuhi
Applicant
Michael Chege
Applicant
Teresiah Wanjiku Njuguna
Respondent
Procedural Posture
Land and Property Suit / Ruling on Consolidation and Mention
Legal Issues
- 1 Whether ELC 141 of 2007 and ELC 24 of 2014 should be consolidated to avoid conflicting decisions regarding the same parcel of land.
Ratio Decidendi
The court determined that, since both ELC 141 of 2007 and ELC 24 of 2014 concern the same parcel of land and involve related parties, it is prudent to consider consolidation of the two matters. This approach will prevent the risk of conflicting decisions by different judges exercising similar jurisdiction. The court therefore directed that the matter be mentioned before Hon. Lady Justice Gacheru, who is handling ELC 24 of 2014, for further directions on consolidation, and for the parties to present their views on the matter.
Court Disposition
Mention and directions for possible consolidation ordered.
Orders
- This matter to be mentioned before Hon. Lady Justice Gacheru on 12/2/2016 for directions.
- Parties to canvass their views regarding consolidation of ELC 141 of 2007 and ELC 24 of 2014 as directed by Hon. Lady Justice Gacheru.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC. CASE NO. 141 OF 2007 (O.S)
JOSEPH THUGO GICHUHI……………....………………….…1ST APPLICANT
MICHAEL CHEGE……………………………………………2ND APPLICANT
VERSUS
TERESIAH WANJIKU NJUGUNA………………......……………RESPONDENT
RULING
It is noted that the first Plaintiff has tendered his evidence. After the 1st Plaintiff closed her evidence, it was brought to the attention of this court that 2 brothers of the 1st Plaintiff have another case against the Defendant involving the same portion of land the Plaintiffs are claiming in this suit. This suit is ELC 24 of 2014.
Quite rightly, the advocates representing the parties are of the opinion that it may be desirable to consolidate the 2 suits to obviate the possibility of conflicting decisions being made by 2 Judges who possess similar horizontal jurisdiction.
In the circumstances, I direct as follows: -
This matter be mentioned before the Hon. Lady Justice Gacheru on 12/2/2016 when the Judge will be delivering a ruling in ELC. 24 of 2014.
The parties do canvass their views regarding consolidation of ELC 141 of 2007 and ELC. 24 of 2014 in a manner that will be directed by the Hon. Lady Justice Gacheru.
It is so ordered.
Delivered in open Court at Nairobi this 20th day of January, 2016 in the presence of: -
Court clerk – Daniel
Mutiso for the Plaintiffs
Mary Muigai for the Defendants
P.M. NJOROGE
JUDGE