[2017] KEHC 3473 (KLR)
The court found that the application for consolidation or stay in the instant suit was identical to one already filed and allowed in ELC. No. 431 of 2008. Since the parties in the related suit did not oppose the application and the court had already consolidated the cases, the present application was deemed already...
Source-derived case information.
- Citation
- [2017] KEHC 3473 (KLR)
- Parties
- Plaintiff: Kimani Mwangi; Plaintiff: Laban Tole Mwailengo; Defendant: Bernard Kungu Maina (Chairman); Defendant: Perminus Njoroge (Secretary)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 88 of 2013
- Procedural Posture
- Notice of Motion / Ruling on Application for Consolidation or Stay
- Outcome
- Application for consolidation or stay is allowed as already determined; suits consolidated.
- Judges
- MM Gitumbi
- Legal Topics
- Case Consolidation, Stay of Proceedings, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimani Mwangi
Plaintiff
Laban Tole Mwailengo
Plaintiff
Bernard Kungu Maina (Chairman)
Defendant
Perminus Njoroge (Secretary)
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Consolidation or Stay
Legal Issues
- 1 Whether the suit should be consolidated with ELC. No. 431 of 2008 or stayed pending its determination.
- 2 Whether the application before the court has already been determined in the related matter.
Ratio Decidendi
The court found that the application for consolidation or stay in the instant suit was identical to one already filed and allowed in ELC. No. 431 of 2008. Since the parties in the related suit did not oppose the application and the court had already consolidated the cases, the present application was deemed already determined. The court confirmed the consolidation of the two cases and clarified that ELC. 431 of 2008 would be the lead file, with liberty to give further pre-trial directions as necessary.
Court Disposition
Application for consolidation or stay is allowed as already determined; suits consolidated.
Orders
- The application for consolidation or stay is deemed allowed as per the order of 27th May 2013.
- ELC. 431 of 2008 and ELC. 88 of 2013 are consolidated.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 88 OF 2013
KIMANI MWANGI..............................................................1ST PLAINTIFF
LABAN TOLE MWAILENGO..........................................2ND PLAINTIFF
VERSUS
BERNARD KUNGU MAINA (Chairman)....................1ST DEFENDANT
PERMINUS NJOROGE (Secretary).........................2ND DEFENDANT
(for and behalf of KAMUTHI FARMERS CO-OPERATIVE SOCIETY)
RULING
The application before me is Notice of Motion dated 21st January 2015 seeking for the consolidation of this suit with ELC. NO. 431 of 2008 or in the alternative that this suit be stayed pending the hearing and determination of ELC. 431 of 2008.
Upon perusal of the court file for ELC. 431 of 2008, I have discovered that the Defendants filed the exact same application Notice of Motion dated 21st January 2015 in ELC. No. 431 of 2008. The Plaintiff in ELC. No. 431 of 2008 indicated to the court on 27th May 2013 that they do not oppose that application and the court proceeded to allow that application on the same date.
Accordingly, the application before the court in this instant suit was already allowed on 27th May 2013. The two cases are consolidated and the court is at liberty to give directions on pre-trial. For the avoidance of doubt, the lead file shall be ELC. 431 OF 2008.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF SEPTEMBER 2017.
MARY M. GITUMBI
JUDGE