[2023] KEELC 17046 (KLR)
The court found it necessary to clarify the litigation history and compliance with prior directions before making substantive orders on the multiplicity of suits. Accordingly, the court directed the Defendant to file a formal application detailing the issues raised regarding multiple suits within 14 days and ordered...
Source-derived case information.
- Citation
- [2023] KEELC 17046 (KLR)
- Parties
- Plaintiff: Francis Ngugi Mburu; Plaintiff: Nyameya Iries Abuya; Plaintiff: Juliamwaniki Waititi; Plaintiff: Dominic Muindi Muya; Plaintiff: Esther Wangui Kamau; Plaintiff: Teresiah Wangui Kamau; Plaintiff: Silas Ondicho Manu; Plaintiff: Geoffrey Mwaura Kaigai; Defendant: Zucchini Holdings Limited; Defendant: Minto Trevels Limited; Defendant: Nerifa Holdings Limited; Interested Party: Equity Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 91 of 2019
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling on Case Management Directions
- Outcome
- Interlocutory directions issued; no final determination on merits.
- Judges
- LN Mbugua
- Legal Topics
- Case Management, Multiplicity of Suits, Directions on Prosecution, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ngugi Mburu
Plaintiff
Nyameya Iries Abuya
Plaintiff
Juliamwaniki Waititi
Plaintiff
Dominic Muindi Muya
Plaintiff
Esther Wangui Kamau
Plaintiff
Teresiah Wangui Kamau
Plaintiff
Silas Ondicho Manu
Plaintiff
Geoffrey Mwaura Kaigai
Plaintiff
Zucchini Holdings Limited
Defendant
Minto Trevels Limited
Defendant
Nerifa Holdings Limited
Defendant
Equity Bank Limited
Interested Party
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Case Management Directions
Legal Issues
- 1 Whether the court should issue directions to ensure only one suit proceeds where multiple suits concern the same subject matter.
- 2 Whether the parties have complied with previous court directions regarding prosecution of the suit.
Ratio Decidendi
The court found it necessary to clarify the litigation history and compliance with prior directions before making substantive orders on the multiplicity of suits. Accordingly, the court directed the Defendant to file a formal application detailing the issues raised regarding multiple suits within 14 days and ordered the Plaintiffs to provide hard copies of the amended originating summons and affidavit of service. These directions aim to ensure orderly prosecution of the matter and compliance with procedural requirements.
Court Disposition
Interlocutory directions issued; no final determination on merits.
Orders
- The Defendant is directed to file a formal application detailing the issues raised on 17.4.2023 within 14 days (by 4.5.2023).
- The Plaintiffs are directed to avail hard copies of both the amended originating summons and the affidavit of service by 4.5.2023.
Full Case Text
Judgment text and source record
39 paragraphs
Mburu & 7 others v Zucchini Holdings Limited & 2 others; Equity Bank Limited (Interested Party) (Environment & Land Case 91 of 2019) [2023] KEELC 17046 (KLR) (20 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17046 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 91 of 2019
LN Mbugua, J
April 20, 2023
Between
Francis Ngugi Mburu
1st Plaintiff
Nyameya Iries Abuya
2nd Plaintiff
Juliamwaniki Waititi
3rd Plaintiff
Dominic Muindi Muya
4th Plaintiff
Esther Wangui Kamau
5th Plaintiff
Teresiah Wangui Kamau
6th Plaintiff
Silas Ondicho Manu
7th Plaintiff
Geoffrey Mwaura Kaigai
8th Plaintiff
and
Zucchini Holdings Limited
1st Defendant
Minto Trevels Limited
2nd Defendant
Nerifa Holdings Limited
3rd Defendant
and
Equity Bank Limited
Interested Party
Ruling
1. I have perused the record. I find that on 6. 10. 2022, the Court gave specific directions on how the suit was to be prosecuted. On 17. 4.2023, Mr Munge for 3rd Defendant made an oral application averring that there are many suits pending touching on same subject matter and the court should give directions that only one suit should proceed.
2. In his arguments, Mr Munge made references to their replying affidavit dated 11. 4.2023. That document has been challenged by Plaintiff’s advocates (Mr Amaiyo) on the basis that the suit is undefended.
3. In order to have a clear picture of the nature of litigation history and also to gauge the nature and extent of compliance with the directions given on 6. 10. 2022, I deem it fit to give the following orders;1. The Defendant is directed to file a formal application detailing the issues raised on 17. 4.2013 within 14 days (by 4. 5.2023)2. The Plaintiffs are directed to avail hard copies of both the amended originating summons as well as the Affidavit of Service of the said pleadings by 4. 5.2023.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Opole holding brief for Munge for 3rd Defendant2nd PlaintiffCourt assistant Joan