[2023] KEELC 15740 (KLR)
The court determined that, due to the similarity of facts, causes of action, and overlapping directorship/ownership between the plaintiff in this case and the plaintiff in ELC No 21 of 2020, it is appropriate to withhold delivery of the judgment in this matter until the conclusion of the related case. This approach...
Source-derived case information.
- Citation
- [2023] KEELC 15740 (KLR)
- Parties
- Plaintiff: Nakel Investment Ltd; Defendant: Kenya Railways Corporation
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E20 of 2020
- Procedural Posture
- Environment and Land Case / Ruling on Scheduling of Judgment Delivery
- Outcome
- Judgment delivery deferred; to be read together with related case upon conclusion of hearing.
- Judges
- FM Njoroge
- Legal Topics
- Case Consolidation, Judgment Delivery, Similarity of Facts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nakel Investment Ltd
Plaintiff
Kenya Railways Corporation
Defendant
Procedural Posture
Environment and Land Case / Ruling on Scheduling of Judgment Delivery
Legal Issues
- 1 Whether the judgment in this case should be delivered separately or together with a related matter due to similarity of facts and parties.
Ratio Decidendi
The court determined that, due to the similarity of facts, causes of action, and overlapping directorship/ownership between the plaintiff in this case and the plaintiff in ELC No 21 of 2020, it is appropriate to withhold delivery of the judgment in this matter until the conclusion of the related case. This approach ensures that both judgments are read together, promoting consistency and judicial economy, and avoiding the risk of conflicting outcomes.
Court Disposition
Judgment delivery deferred; to be read together with related case upon conclusion of hearing.
Orders
- Judgment in ELC No 20 of 2020 shall not be delivered today but shall await the conclusion of the hearing of ELC No 21 of 2020 – Falcon Service Station Ltd v Kenya Railways Corporation so that both judgments are read together.
Full Case Text
Judgment text and source record
16 paragraphs
Nakel Investment Ltd v Kenya Railways Corporation (Environment & Land Case E20 of 2020) [2023] KEELC 15740 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15740 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E20 of 2020
FM Njoroge, J
February 23, 2023
Between
Nakel Investment Ltd
Plaintiff
and
Kenya Railways Corporation
Defendant
Ruling
1. After hearing the evidence of PW1 – PW3 in ELC No 21 of 2020 – Falcon Service Station Ltd v Kenya Railways Corporation, this court has noted that due to similarity of both facts and cause of action and the sharing of directorship/ownership of the two companies involved in this suit and in ELC E20 of 2020 – Nakel Investments Ltd v Kenya Railways Corporation which is not concluded, the judgments in the two matters should be read at the same time and hence the judgment scheduled to be read today in ELC No 20 of 2020 will not be delivered today, but shall await the conclusion of the hearing of ELC No 21 of 2020 – Falcon Service Station Ltd v Kenya Railways so that they be read together.
Dated, signed and delivered at Nakuru via electronic mail on this 23rd day of February 2023. **MWANGI NJOROGEJUDGE, ELC, NAKURU