[2024] KEELC 6561 (KLR)
The court found that consolidation was inappropriate because the current file (Land Case 7 of 2024) contained only a notice of motion application and lacked any pleadings, as required by Order 2 of the Civil Procedure Rules. Consolidating a file without pleadings with an ongoing suit would prejudice the...
Source-derived case information.
- Citation
- [2024] KEELC 6561 (KLR)
- Parties
- Applicant: Peter Muiruri Kagwai; Applicant: Josephine Wambui Mbuthi; Applicant: Flaciah Wanjiku Kihiu; Applicant: John Karuri; Applicant: Geoffrey Kihuha; Respondent: Samuel Njunge Muinamia; Respondent: Kiambu Land Registrar; Respondent: Attorney General; Interested Party: County Government Of Kiambu; Interested Party: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Land Case 7 of 2024
- Procedural Posture
- Notice of Motion / Ruling on Application for Consolidation of Suits
- Outcome
- application dismissed
- Judges
- LN Mbugua
- Legal Topics
- Consolidation of Suits, Pleadings Requirements, Land Disputes, Eviction, Judicial Economy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Muiruri Kagwai
Applicant
Josephine Wambui Mbuthi
Applicant
Flaciah Wanjiku Kihiu
Applicant
John Karuri
Applicant
Geoffrey Kihuha
Applicant
Samuel Njunge Muinamia
Respondent
Kiambu Land Registrar
Respondent
Attorney General
Respondent
County Government Of Kiambu
Interested Party
National Land Commission
Interested Party
Procedural Posture
Notice of Motion / Ruling on Application for Consolidation of Suits
Legal Issues
- 1 Whether the current suit should be consolidated with ELC 777 of 2015.
- 2 Whether consolidation is appropriate where there are no pleadings in the current file.
- 3 Whether the stage of proceedings in the older case precludes consolidation.
Ratio Decidendi
The court found that consolidation was inappropriate because the current file (Land Case 7 of 2024) contained only a notice of motion application and lacked any pleadings, as required by Order 2 of the Civil Procedure Rules. Consolidating a file without pleadings with an ongoing suit would prejudice the administration of justice. Furthermore, ELC 777 of 2015 was already at an advanced stage of defence hearing, making it unclear how the applicants could participate meaningfully at such a late stage. The application for consolidation was therefore dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The application for consolidation is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
39 paragraphs
Kagwai & 4 others (Suing as themselves and as representatives of Nachu Welfare Group & the surrounding Community) v Muinamia & 2 others; County Government of Kiambu & another (Interested Parties) (Land Case 7 of 2024) [2024] KEELC 6561 (KLR) (3 October 2024) (Ruling)
Neutral citation: [2024] KEELC 6561 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Land Case 7 of 2024
LN Mbugua, J
October 3, 2024
Between
Peter Muiruri Kagwai
1st Applicant
Josephine Wambui Mbuthi
2nd Applicant
Flaciah Wanjiku Kihiu
3rd Applicant
John Karuri
4th Applicant
Geoffrey Kihuha
5th Applicant
Suing as themselves and as representatives of Nachu Welfare Group & the surrounding Community
and
Samuel Njunge Muinamia
1st Respondent
Kiambu Land Registrar
2nd Respondent
Attorney General
3rd Respondent
and
County Government Of Kiambu
Interested Party
National Land Commission
Interested Party
Ruling
1. Before me is the Plaintiff’s Notice of Motion dated 14. 5.2024 seeking orders that this case be consolidated and be heard together with case no. ELC 777 of 2015. The applicants contend that the latter case involves the suit property Karai/Lusengeti/T1837 which was illegally subdivided from T 438. In the supporting affidavit of the 1st plaintiff he avers that the applicants are a welfare group formed in the year 2021 and registered on 17. 2.2022, that they consist of members who were forcefully and illegally evicted by the 1st defendant from their trading center. They desire to give input on how the suit land was grabbed, of which they obtained an important document on 13. 7.2023.
2. On 15. 7.2024, the court gave directions for a response to be filed by 29. 7.2024 but there was no compliance. Thus the application is unopposed.
3. The issue for determination is whether this file should be consolidated with case no. 777 of 2015. In the case of Selecta Kenya Gmbh & Co. KG v Chase Bank Kenya Limited & 2 others [2018] eKLR, it was stated that;“The purpose of consolidation of suits is to save costs, time, speed up trial, eliminate duplicative trials involving the same parties, issues and evidence, for efficient and proper administration of justice, and expeditious disposal of matters, consequently promote judicial economy, so long as it is not to prejudice any of the Parties”.
4. Firstly, it is not clear as to what would be consolidated with the case ELC 777 of 2015, in that the case LC 7 OF 2024 contains only a notice of motion application without any pleadings. It follows that any consolidation would be prejudicial to the administration of justice as the case of the current applicants has not been framed in form of a pleading as envisaged under Order 2 of the Civil Procedure rules.
5. Secondly, it is noted that the case ELC 777 OF 2015 is at an advanced stage of defence hearing and it is not clear as to how the applicants would participate in the proceedings when the older case is at the tail end.
6. All in all, I find that the application is not merited, the suit is hereby dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF OCTOBER, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Peter Muiruri Kagwai the Applicant (on behalf of other Plaintiffs)M/s Karanja for 1st RespondentMuchiri for 1st Interested PartyWaini for 2nd Interested PartyCourt assistant: Joan