[2019] KEELC 1732 (KLR)
The court adopted the consent of the parties as an order, thereby withdrawing the preliminary objection dated 3rd July, 2019, consolidating this suit with CMCC No. 56 of 2018, and ordering the transfer of CMCC No. 56 of 2018 to the Environment and Land Court at Chuka. The court found no legal impediment to the...
Source-derived case information.
- Citation
- [2019] KEELC 1732 (KLR)
- Parties
- Plaintiff: Susan Nyambura Mwathi; Defendant: Duncan Kiria Kabete
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 03 of 2019
- Procedural Posture
- Originating Summons / Ruling on Consolidation and Withdrawal of Preliminary Objection
- Outcome
- Consent adopted as order of the court; preliminary objection withdrawn; suits consolidated and transferred.
- Judges
- FM Njoroge
- Legal Topics
- Case Consolidation, Transfer of Suit, Withdrawal of Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Nyambura Mwathi
Plaintiff
Duncan Kiria Kabete
Defendant
Procedural Posture
Originating Summons / Ruling on Consolidation and Withdrawal of Preliminary Objection
Legal Issues
- 1 Whether the preliminary objection dated 3rd July, 2019 should be withdrawn by consent.
- 2 Whether the suit should be consolidated with CMCC No. 56 of 2018 and the latter transferred to this court.
Ratio Decidendi
The court adopted the consent of the parties as an order, thereby withdrawing the preliminary objection dated 3rd July, 2019, consolidating this suit with CMCC No. 56 of 2018, and ordering the transfer of CMCC No. 56 of 2018 to the Environment and Land Court at Chuka. The court found no legal impediment to the parties' agreement and held that such consent, being properly executed and not contrary to law or public policy, is binding and enforceable. The lead file for the consolidated matters will be this suit, and further directions will be taken on the scheduled date. The court's decision is grounded in the principle that consent orders facilitate expeditious and efficient resolution of...
Court Disposition
Consent adopted as order of the court; preliminary objection withdrawn; suits consolidated and transferred.
Orders
- The preliminary objection dated 3rd July, 2019 is withdrawn by consent.
- This suit is consolidated with CMCC No. 56 of 2018.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 03 OF 2019 (OS)
SUSAN NYAMBURA MWATHI ……………………………. PLAINTIFF
VERSUS
DUNCAN KIRIA KABETE……………………………….. DEFENDANT
RULING
1. During directions on 23. 9.2019, Muthomi Gitari, holding brief for John Muthomi for the plaintiff and M/s Kithaka, for the defendant proffered a consent dated 23rd September, 2019 which reads as follows:
CONSENT
“By consent the P.O. dated 3rd July, 2019 is withdrawn. That this suit be consolidated with CMCC No. 56 of 2018. That CMCC No. 56 of 2018 be transferred to this court for purpose of consolidation.”
Signed
Ann Kithaka for Defendant
Muthomi Gitari for John Muthomi for Plaintiff
2. The consent is adopted as an order of this court. File No. CMCC 56 of 2018 should be annexed to this file which will become the lead file.
3. By consent of advocates representing the parties, Directionswill be taken on 29th October, 2019.
4. It is so ordered.
Delivered in open Court at Chuka this 23rd day of September, 2019 in the presence of:
CA: Ndegwa
Muthomi Gitari h/b John Muthomi for the Plaintiff
M/s Kithaka for the Defendant
P. M. NJOROGE
JUDGE