[2015] KEHC 1234 (KLR)
The court found that the application for consolidation was unopposed and that both suits involved common issues of law and fact between the same parties. Consolidation would promote convenience and efficiency, and there was no prejudice to the respondent. Accordingly, the court allowed the application and ordered...
Source-derived case information.
- Citation
- [2015] KEHC 1234 (KLR)
- Parties
- Applicant: Susan Karamana Mutwiri; Respondent: Franklin Mutwiri
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 312 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Consolidation of Suits
- Outcome
- Application allowed; suits consolidated; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Matrimonial Property, Consolidation of Suits, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Karamana Mutwiri
Applicant
Franklin Mutwiri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Consolidation of Suits
Legal Issues
- 1 Whether HCC (OS) No. 312 of 2013 and HCC (OS) No. 298 of 2013 should be consolidated and heard together.
- 2 Whether costs of the application should be in the cause.
Ratio Decidendi
The court found that the application for consolidation was unopposed and that both suits involved common issues of law and fact between the same parties. Consolidation would promote convenience and efficiency, and there was no prejudice to the respondent. Accordingly, the court allowed the application and ordered that the two suits be consolidated and heard together, with costs to be in the cause.
Court Disposition
Application allowed; suits consolidated; costs in the cause.
Orders
- HCC (OS) No. 312 of 2013 (Meru) is consolidated with HCC (OS) No. 298 of 2013 (Meru).
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCCC 312 OF 2013 (OS)
IN THE MATTER OF SHARING MATRIMONIAL PROPERTY
AND
IN THE MATTER OF MARRIED WOMENS PROPERTY ACT
BETWEEN
SUSAN KARAMANA MUTWIRI.......................................APPLICANT
VERSUS
FRANKLIN MUTWIRI...............................................RESPONDENT
R U L I N G
This application is predicated Upon Order 57 Rules 1 and 2 and Order 11(b) of the Civil Procedures Rules and Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and all other enabling provisions of the Law. It seeks orders:-
a) That this suit (O.S) No.312 of 2013, be consolidated with (O.S) High Court of Kenya at Meru Number 298 of 2013 and that the same be heard together.
b) That costs of this application be costs in the cause.
The application is supported by the affidavit of SUSAN KARAMA MUTWIRI and has the following grounds:-
i. Both suits concern property by Plaintiffs/applicants against one defendant former husband to both.
ii. Same and or common issues of fact and law are involved.
iii. That it shall generally be convenient for parties both in terms of costs and convenience.
On 04/11/2015, Mr. Mutegi, holding brief for Mr. Ondari for the applicant told the Court that the application had been properly served upon the Respondent. He told the Court that the Respondent had not responded to the application. He asked the Court to allow the application.
I find that the application is not opposed by the Respondent. In the Circumstances, the application is allowed. It is hereby ordered that HCC (OS) No 312 of 2013 (Meru) be Consolidated with HCC (OS) No. 298 of 2013 (Meru). I order that costs be in the cause.
Delivered in open Court at Meru this 9th day of November, 2015 in thepresence of:-
CC: Daniel/Lilian
Ondari Absent for Plaintiff
L. Kimathi Absent for defendant
P. M. NJOROGE
JUDGE