[2016] KEHC 2543 (KLR)
The court found that the application to consolidate the current suit with Civil Suit No. 436 of 2010 was rendered incompetent because Civil Suit No. 436 of 2010 had already been dismissed with costs under Order 17 Rule 2 of the Civil Procedure Rules. As a result, there was no suit with which to consolidate, making...
Source-derived case information.
- Citation
- [2016] KEHC 2543 (KLR)
- Parties
- Plaintiff: Philip Kipkeu Kisang; Defendant: Elizabeth Muthoni; Defendant: Nicholas Karani Gichoh; Defendant: Christine Wanjiru Karani; Defendant: Robert Njiru Mbogo t/a Njiru Mbogo & Co. Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 215 of 2013
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion to Consolidate Suits
- Outcome
- application struck out as overtaken by events
- Judges
- F Tuiyott
- Legal Topics
- Suit Consolidation, Dismissal of Suit, Order 17 Rule 2, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Philip Kipkeu Kisang
Plaintiff
Elizabeth Muthoni
Defendant
Nicholas Karani Gichoh
Defendant
Christine Wanjiru Karani
Defendant
Robert Njiru Mbogo t/a Njiru Mbogo & Co. Advocates
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion to Consolidate Suits
Legal Issues
- 1 Whether the current suit can be consolidated with a suit that has already been dismissed.
- 2 Whether the Notice of Motion dated 18th August 2014 remains competent after the dismissal of Civil Suit No. 436 of 2010.
Ratio Decidendi
The court found that the application to consolidate the current suit with Civil Suit No. 436 of 2010 was rendered incompetent because Civil Suit No. 436 of 2010 had already been dismissed with costs under Order 17 Rule 2 of the Civil Procedure Rules. As a result, there was no suit with which to consolidate, making the application a non-starter. The court therefore struck out the Notice of Motion dated 18th August 2014 as it had been overtaken by events, with no order as to costs.
Court Disposition
application struck out as overtaken by events
Orders
- The Notice of Motion dated 18th August 2014 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
HCCC NO. 215 OF 2013
PHILIP KIPKEU KISANG…………..………………….PLAINTIFF
VERSUS
ELIZABETH MUTHONI…….……......….....…..1ST DEFENDANT
NICHOLAS KARANI GICHOH……........……..2ND DEFENDANT
CHRISTINE WANJIRU KARANI .…......………3RD DEFENDANT
ROBERT NJIRU MBOGO
T/A NJIRU MBOGO & CO. ADVOCATES.……4TH DEFENDANT
RULING
1. When Counsel addressed me on the Notice of Motion of 11th August, 2014, they urged me to study the Court file in Nairobi Milimani Commercial and Admiralty Division Civil Suit No.436 of 2010 (Elizabeth Muthoni Mbae vs. 1) Nicholas Karani Gichohi (2) Christine Wanjiru Karani (3) Robert Njiru Mbogo t/a Njiru Mbogo & Co. Advocates (hereafter Civil Suit No. 436 of 2010).
2. I am glad that Counsel made that suggestion because upon perusing the Court file in Civil Suit No. 436 of 2010 it has emerged that the said suit was Dismissed with costs by Court on 18th June, 2015 pursuant to the Provisions of Order 17 Rule 2 of the Civil Procedure Rules. In so far as the Motion before Court seeks to have the current suit consolidated with a Dismissed suit for purposes of hearing and determination, it is a non-starter. Counsel for both the Applicant and the Respondent may not have been aware of the said Dismissal Order when they argued the Motion before me on 29th July 2016.
3. The Notice of Motion dated 18th August 2014 was overtaken by the events of 18th June, 2015 in Civil suit No. 436 of 2010 and is hereby struck out with no order to costs.
Dated, Signed and Delivered in Court at Nairobi this 29th day of September ,2016.
F. TUIYOTT
JUDGE
PRESENT;
Mulele for Plaintiff
N/A for Respondent
Alex - Court Clerk