[2022] KEELC 2831 (KLR)
The court found that the application for transfer and consolidation was merited because both Kisumu CMC ELC No. 101 of 2017 and Kisumu ELC No. E11 of 2020 (OS) involve the same parties and relate to the same subject matter, namely Land Reference Number 24810. The court recognized that the issue of adverse possession...
Source-derived case information.
- Citation
- [2022] KEELC 2831 (KLR)
- Parties
- Applicant: Moses Odhiambo Obul; Applicant: Tabitha Adoyo Obul; Applicant: Linet Auma Odoyo; Respondent: KCA University; Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E15 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
- Outcome
- application granted
- Judges
- A Ombwayo
- Legal Topics
- Adverse Possession, Consolidation of Suits, Transfer of Suit, Originating Summons, Land Occupation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Odhiambo Obul
Applicant
Tabitha Adoyo Obul
Applicant
Linet Auma Odoyo
Applicant
KCA University
Respondent
National Land Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer and Consolidation of Suits
Legal Issues
- 1 Whether Kisumu CMC ELC No. 101 of 2017 should be transferred to the Environment and Land Court and consolidated with Kisumu ELC No. E11 of 2020 (OS).
- 2 Whether both claims, one for adverse possession and the other by plaint, can be properly consolidated and tried together.
Ratio Decidendi
The court found that the application for transfer and consolidation was merited because both Kisumu CMC ELC No. 101 of 2017 and Kisumu ELC No. E11 of 2020 (OS) involve the same parties and relate to the same subject matter, namely Land Reference Number 24810. The court recognized that the issue of adverse possession must be litigated by Originating Summons, while other issues may be canvassed by plaint. Since there is no procedural mechanism to combine both claims in a single suit, consolidation before the Environment and Land Court is appropriate to ensure efficient and comprehensive adjudication. The court therefore ordered the transfer and consolidation of the two suits for hearing and...
Court Disposition
application granted
Orders
- Kisumu CMC ELC No. 101 of 2017 is transferred to the Environment and Land Court at Kisumu.
- Kisumu CMC ELC No. 101 of 2017 is consolidated with Kisumu ELC No. E11 of 2020 (OS) for hearing and final determination.
Full Case Text
Judgment text and source record
28 paragraphs
Obul & 2 others v KCA University & another (Environment and Land Miscellaneous Application E15 of 2022) [2022] KEELC 2831 (KLR) (15 July 2022) (Ruling)
Neutral citation: [2022] KEELC 2831 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Environment and Land Miscellaneous Application E15 of 2022
A Ombwayo, J
July 15, 2022
Between
Moses Odhiambo Obul
1st Applicant
Tabitha Adoyo Obul
2nd Applicant
Linet Auma Odoyo
3rd Applicant
and
KCA University
1st Respondent
National Land Commission
2nd Respondent
Ruling
1. Moses Odhiambo Obul, Tabitha Adoyo Obul and Linet Auma Odongo (hereinafter referred to as the applicants) have made an application against K.C.A University and National Land Commission praying that that the Honourable Court be pleased to order and direct that Kisumu CMC ELC NO. 101 OF 2017 be transferred to this court and be consolidated with Kisumu ELC NO. E11 OF 2020 (OS) for hearing and final determination.That cause of the application be in the cause.
2. The application is premised on grounds that the 1st respondent lodged a case in Kisumu CMC ELC NO. 101 OF 2017 against the applicants over Land Reference Number 24810. The issue of adverse possession can only be litigated under an Originating Summons while the other issues can be canvassed by way of filing a plaint hence the filing of Kisumu ELC OS NO. E11 OF 2020. Both claims can be consolidated and tried before this court.
3. Tabitha Adoyo Obul states that she is the 2nd defendant in Kisumu CMC ELC No. 101 of 2017 (FOrmerly Kisumu ELC NO. 276 OF 2016).
4. That she is in occupation of Land Reference Number 24810 for more than and over 12 years hence the claim of adverse possession. That she has also lodged an Originating Summons in the ELC Court; Being Originating Summons No. Kisumu ELC No. E11 FO 2020 (OS).
5. That there is no hybrid claim under which both claims can be lodged in the same suit. That both claims can be consolidated and tried before this court.
6. I have considered the application and do find that the same is merited.
7. I do grant prayer (a) Kisumu CMC ELC No. 101 of 2017 be transferred to this court and be consolidated with Kisumu ELC No. E11 OF 2020 (OS) for hearing and final determination. Costs in the cause.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15thDAY OF JULY, 2022ANTONY OMBWAYOJUDGEThis Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15thMarch 2020.