[2016] KEHC 6755 (KLR)
The court found that both suits involve the same parties and relate to the same parcel of land, with common questions of fact and law arising from the same transaction. In the absence of opposition, and in the interest of saving costs, time, and judicial resources, it is appropriate to grant the orders sought for...
Source-derived case information.
- Citation
- [2016] KEHC 6755 (KLR)
- Parties
- Applicant: Kithinji Guantai (suing as the legal representative of the estate of M'Guantai Mbogo alias Guantai Mbogo, deceased); Respondent: Z. Nyamu M'Arimi; Respondent: Kiungone Investment Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 17 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
- Outcome
- Application allowed as prayed (prayers 2 and 3 granted). Costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suits, Consolidation of Suits, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kithinji Guantai (suing as the legal representative of the estate of M'Guantai Mbogo alias Guantai Mbogo, deceased)
Applicant
Z. Nyamu M'Arimi
Respondent
Kiungone Investment Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
Legal Issues
- 1 Whether Githongo SRMCC No. 62 of 2015 should be transferred to Meru Chief Magistrate's Court for hearing and determination.
- 2 Whether Githongo SRMCC No. 62 of 2015 and Meru CMCC No. 29B of 2014 should be heard and determined together on the basis of the pleadings filed in both suits.
Ratio Decidendi
The court found that both suits involve the same parties and relate to the same parcel of land, with common questions of fact and law arising from the same transaction. In the absence of opposition, and in the interest of saving costs, time, and judicial resources, it is appropriate to grant the orders sought for transfer and consolidation of the suits. The court exercised its discretion to order the transfer of Githongo SRMCC No. 62 of 2015 to Meru Chief Magistrate's Court and for both suits to be heard and determined together based on the pleadings filed, subject to any amendments.
Court Disposition
Application allowed as prayed (prayers 2 and 3 granted). Costs in the cause.
Orders
- Githongo SRMCC No. 62 of 2015 is to be transferred to Meru Chief Magistrate's Court for hearing and determination.
- Once transferred and assigned a new number, Githongo SRMCC No. 62 of 2015 shall be heard and determined together with Meru CMCC No. 29B of 2014 on the basis of the pleadings filed in both suits, subject to any subsequent amendments.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC APPLICATION NO 17 OF 2016
KITHINJI GUANTAI (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF
M'GUANTAI MBOGO ALIAS GUANTAI MBOGO(DECEASED)................APPLICANT
VERSUS
Z. NYAMU M'ARIMI ….................................................................1ST RESPONDENT
KIUNGONE INVESTMENT LIMITED.............................................2ND RESPONDENT
R U L I N G
This application is dated 15th February, 2016 and seeks orders:-
THATthis application be certified urgent and be heard ex-parte in the first instance.
THATthe Honourable Court be pleased to issue an order for the transfer of GITHONGO SRMCC NO 62 OF 2015 to MERU CHIEF MAGISTRATE'S COURT for hearing and determination.
THATthe Honourable Court be pleased to order that once GITHONGO SRMCC NO. 62 OF 2015 has been transferred to MERU CHIEF MAGISTRATE'S COURT and has been issued with a new number, the said suit be heard and determined together with MERU CMCC NO 29B of 2014 on the basis of the pleadings filed in the two suits, subject to any subsequent amendments.
THATthe cost of this application be provided for.
The application is supported by the affidavit of KITHINJI GUANTAI and has the following grounds:-
GITHONGO SRMCC NO. 62 OF 2015 involves the parties herein whilst MERU CMCC NO. 29B OF 2014 involves both respondents respectively.
Both suits revolve around parcel of land No. NKUENE/ KITHUNGURI/364.
There are common questions of fact and law in both suits.
The said common questions of fact and law are of such importance as to make it desirable that the whole of the matter ought to be determined at the same time.
The rights and reliefs sought in both suits arise out of the same transaction.
The above sought orders will aid in the saving of costs, time and effort.
The application came up for interpartes hearing on 23/02/2016 when it was intimated to Court that the application is not opposed. In the circumstances, prayers 2 and 3 are granted. Costs shall be in the cause.
It is so ordered.
Delivered in open Court at Meru this 23rd day of February, 2016 in the presence of :-
CC: Lilian/Daniel
Kimathi for the Applicant
Gichunge h/b Mutegi for 2nd Respondent .
P. M. NJOROGE
JUDGE