[2022] KEELC 13358 (KLR)
The court found that both suits concern the same land parcel, involve substantially the same parties, and arise from similar transactions. The reliefs sought in both cases are similar, specifically the request for a permanent injunction. Consolidation would prevent the risk of conflicting judgments, promote judicial...
Source-derived case information.
- Citation
- [2022] KEELC 13358 (KLR)
- Parties
- Plaintiff: Francis Ndirangu Mwangi; Defendant: William Kiplagat Sigilai; Defendant: Samwel Sang; Defendant: Kevin Sang; Defendant: Rebecca Tanui Titany
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 286 of 2018
- Procedural Posture
- Environment and Land Case / Ruling on Consolidation of Suits
- Outcome
- Application for consolidation allowed.
- Judges
- FM Njoroge
- Legal Topics
- Consolidation of Suits, Land Disputes, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ndirangu Mwangi
Plaintiff
William Kiplagat Sigilai
Defendant
Samwel Sang
Defendant
Kevin Sang
Defendant
Rebecca Tanui Titany
Defendant
Procedural Posture
Environment and Land Case / Ruling on Consolidation of Suits
Legal Issues
- 1 Whether ELC 90 of 2021 and ELC 286 of 2018 should be consolidated given the similarity of parties, subject matter, and reliefs sought.
- 2 Whether consolidation would prejudice any party or serve the interests of justice.
Ratio Decidendi
The court found that both suits concern the same land parcel, involve substantially the same parties, and arise from similar transactions. The reliefs sought in both cases are similar, specifically the request for a permanent injunction. Consolidation would prevent the risk of conflicting judgments, promote judicial efficiency, and not prejudice any party, as all parties will have the opportunity to present their cases. Therefore, the court ordered consolidation of ELC 90 of 2021 and ELC 286 of 2018, with ELC 286 of 2018 as the lead file.
Court Disposition
Application for consolidation allowed.
Orders
- ELC 90 of 2021 and ELC 286 of 2018 are consolidated, with ELC 286 of 2018 as the lead file.
- The consolidated suits shall be mentioned by teleconference via Microsoft Teams on October 27, 2022 for further directions.
Full Case Text
Judgment text and source record
26 paragraphs
Mwangi v Sigilai & 3 others (Environment & Land Case 286 of 2018) [2022] KEELC 13358 (KLR) (6 October 2022) (Ruling)
Neutral citation: [2022] KEELC 13358 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case 286 of 2018
FM Njoroge, J
October 6, 2022
Between
Francis Ndirangu Mwangi
Plaintiff
and
William Kiplagat Sigilai
1st Defendant
Samwel Sang
2nd Defendant
Kevin Sang
3rd Defendant
Rebecca Tanui Titany
4th Defendant
Ruling
1. On June 13, 2022, this court adjourned the hearing of the suit for the reason that the plaintiff averred that ELC 90 of 2021 and the present suit touch on the same subject matter and ought to be mentioned together for purposes of consolidation. Consequently, on June 22, 2022 I directed that the matter be mentioned on September 22, 2022 for directions on consolidation. On September 22, 2022, the plaintiff indicated that the two files should be consolidated since the plaintiff in ELC 90 of 2021 is the 4th defendant in the present suit and that the plaint in ELC 90 of 2021 can be a counter-claim in ELC 286 of 2018. The 3rd and 4th defendants were not opposed to the said consolidation while the 1st and 2nd defendant were not present.
2. A perusal of the two plaints show that the claim by both plaintiffs is in respect of the land parcel No. Nakuru/Municipality/Block 29/30 which was subdivided into various portions. The parties in both suits are the same save that there are additional parties in ELC 90 of 2018. A perusal at the reliefs sought in both plaints confirms that both Plaintiffs seek a permanent injunction and the dispute appears to have arisen from similar transactions. I therefore find that the two suits have common questions of law and facts. Furthermore, none of the parties will be prejudiced in any manner as each will be given an opportunity to testify and call witnesses. Upon consolidation, all parties will choose on how to proceed, and directions will be given by the court.
3. In conclusion, I find that these two cases are suitable for consolidation in order to save on the court’s time and resources and to avoid different decisions being arrived at if different courts were to handle the case separately.
4. The upshot of the foregoing is that I therefore order that the two suits ELC 90 of 2021 and ELC 286 of 2018 be consolidated, with the lead file being ELC 286 of 2018.
5. These consolidated suits shall be mentioned by teleconference way of microsoft teams on October 27, 2022 for further directions.
DATED, SIGNED AND ISSUED AT NAKURU VIA ELECTRONIC MAIL ON THIS 6TH DAY OF OCTOBER, 2022. MWANGI NJOROGEJUDGE, ELC, NAKURU