[2024] KEELC 988 (KLR)
The court found that the parties and subject matter in both suits were the same and that the issues in dispute were common, though arising in two different courts. The jurisdiction to transfer and consolidate the suits was properly invoked under Section 18(1)(b) of the Civil Procedure Act. The court determined that...
Source-derived case information.
- Citation
- [2024] KEELC 988 (KLR)
- Parties
- Applicant: Zakayo Gituma Kiruja; Applicant: John Muriungi Kiruja; Respondent: Francis Kaburu Mbwithia; Respondent: Ndatho Mbwithia; Respondent: Ayub Mutuma M’Itunga; Respondent: Simeon Mutuma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E017 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
- Outcome
- application granted
- Judges
- CK Nzili
- Legal Topics
- Transfer of Suits, Consolidation of Suits, Jurisdiction of Court, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Zakayo Gituma Kiruja
Applicant
John Muriungi Kiruja
Applicant
Francis Kaburu Mbwithia
Respondent
Ndatho Mbwithia
Respondent
Ayub Mutuma M’Itunga
Respondent
Simeon Mutuma
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
Legal Issues
- 1 Whether the court should transfer Githongo ELC Case No. E025 of 2021 to Nkubu Law Courts for consolidation with ELC No. 2020.
- 2 Whether the subject matter and parties in both suits are the same, justifying consolidation.
- 3 Whether any party would be prejudiced by the transfer and consolidation.
Ratio Decidendi
The court found that the parties and subject matter in both suits were the same and that the issues in dispute were common, though arising in two different courts. The jurisdiction to transfer and consolidate the suits was properly invoked under Section 18(1)(b) of the Civil Procedure Act. The court determined that no party would be prejudiced by the transfer and consolidation, and that such an order would serve the interests of justice and judicial economy. Accordingly, the court granted the application to transfer Githongo ELC Case No. E025 of 2021 to Nkubu Law Courts for consolidation with ELC No. 2020.
Court Disposition
application granted
Orders
- Githongo ELC Case No. E025 of 2021 is transferred to Nkubu Law Courts for consolidation with ELC No. 2020 for hearing.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
28 paragraphs
Kiruja & another (Suing as the Administrators and Legal Representatives of the Estate of Julius Kiruja M’mbwithia - Deceased) v Mbwithia & 3 others (Miscellaneous Application E017 of 2023) [2024] KEELC 988 (KLR) (21 February 2024) (Ruling)
Neutral citation: [2024] KEELC 988 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Miscellaneous Application E017 of 2023
CK Nzili, J
February 21, 2024
Between
Zakayo Gituma Kiruja
1st Applicant
John Muriungi Kiruja
2nd Applicant
Suing as the Administrators and Legal Representatives of the Estate of Julius Kiruja M’mbwithia - Deceased
and
Francis Kaburu Mbwithia
1st Respondent
Ndatho Mbwithia
2nd Respondent
Ayub Mutuma M’Itunga
3rd Respondent
Simeon Mutuma
4th Respondent
Ruling
1. The court is asked to transfer Githongo ELC Case No. E025 of 2021 to Nkubu Law Courts for consolidation with ELC No. 2020 for hearing. The reasons are contained on the face of the application and a supporting affidavit sworn by Zakayo Gituma Kirunja on 24. 10. 2023. It is averred that the subject matter in the two suits is L.R No. Abothuguchi/Kariene/3000, where the 4th respondent herein is the plaintiff in the Nkubu Law Court case while the applicants are the plaintiffs in the Githongo Law Courts case as per the attached pleadings marked ZGK1 (a) & (b). Further, the applicants aver none of the parties was likely to be prejudiced if the orders sought were granted. The application was served upon the respondents on 20. 11. 2023 and an affidavit of service was duly filed on 22. 11. 2023.
2. To transfer a suit from one subordinate court to another is a power granted to this court under Sections (18) 1 (b) of the Civil Procedure Act to act either suo moto or upon an application by any party. The considerations include balance of convenience, questions of expense, interest of justice and possibilities of undue hardship.
3. In this application, the reasons given are that the parties are the same, the subject matter is the same, and issues of dispute are also common, though arising in two different suits in two separate courts.
4. In the circumstances, the jurisdiction of this court is appropriately invoked and hence grants the orders sought. There would be no order as to costs.
DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERUON THIS 21ST DAY OF FEBRUARY 2024In presence ofC.A KananuMiss Mugo for applicantHON. CK NZILIJUDGE