[2017] KEELC 3125 (KLR)
The court found that consolidation was inappropriate because the two suits involved different parties and different parcels of land. The court further held that the remaining prayers in the application could not be granted as they pertained to issues that should be determined at trial, which had not yet commenced....
Source-derived case information.
- Citation
- [2017] KEELC 3125 (KLR)
- Parties
- Plaintiff: Ruai Central 54 Association; Defendant: Paddy Kamau Ng'ang'a; Defendant: George Wanyutu Boro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 694 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Suit Consolidation, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruai Central 54 Association
Plaintiff
Paddy Kamau Ng'ang'a
Defendant
George Wanyutu Boro
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the suit should be consolidated with ELC. 395 of 2011.
- 2 Whether the other prayers in the application can be granted before trial.
Ratio Decidendi
The court found that consolidation was inappropriate because the two suits involved different parties and different parcels of land. The court further held that the remaining prayers in the application could not be granted as they pertained to issues that should be determined at trial, which had not yet commenced. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 15th April 2015 is dismissed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 694 OF 2014
RUAI CENTRAL 54 ASSOCIATION.….PLAINTIFF
VERSUS
PADDY KAMAU NG’ANG’A.……1ST DEFENDANT
GEORGE WANYUTU BORO…...2ND DEFENDANT
RULING
I have considered Notice of Motion dated 15th April 2015. Prayer No. 5 thereof seeks the consolidation of this suit with ELC. 395 of 2011. I did issue direction on 30/10/2015 after perusing both files and issued an order that the two suits cannot be consolidated as they related to different parties and different parcels of land.
The order has not been reviewed. The other prayers in the Application cannot be granted for the reason that they encroach into the realm of the trial of this suit which is yet to commence. The application is therefore dismissed. Costs shall be in the cause.
A pre-trial conference shall be held before the Deputy Registrar, Environment and Land Court on 25/4/2017.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 31ST DAY OF MARCH 2017.
MARY M. GITUMBI
JUDGE