[2023] KEELC 20514 (KLR)
The court found that since both Petition E001 of 2023 and Isiolo ELC 001 of 2022 involve the same subject matter and there was no opposition to the application, it is just and efficient to consolidate the two cases. Consolidation will avoid duplication of proceedings and ensure that the matters are determined...
Source-derived case information.
- Citation
- [2023] KEELC 20514 (KLR)
- Parties
- Applicant: Wangay Farmers Self Group 7 & 70 others; Respondent: Salesa Adano & 8 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition E001 of 2023
- Procedural Posture
- Environment and Land Petition / Ruling on Consolidation Application
- Outcome
- Application for consolidation allowed.
- Judges
- PM Njoroge
- Legal Topics
- Case Consolidation, Compliance With Order 11 Cpr, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wangay Farmers Self Group 7 & 70 others
Applicant
Salesa Adano & 8 others
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Consolidation Application
Legal Issues
- 1 Whether Petition E001 of 2023 and Isiolo ELC 001 of 2022 should be consolidated due to involving the same subject matter.
- 2 Whether consolidation would promote efficiency and proper administration of justice.
Ratio Decidendi
The court found that since both Petition E001 of 2023 and Isiolo ELC 001 of 2022 involve the same subject matter and there was no opposition to the application, it is just and efficient to consolidate the two cases. Consolidation will avoid duplication of proceedings and ensure that the matters are determined together, saving judicial time and resources. The court further directed compliance with Order 11 of the Civil Procedure Rules within 30 days to facilitate the orderly conduct of the consolidated suit.
Court Disposition
Application for consolidation allowed.
Orders
- Petition E001 of 2023 and Isiolo ELC 001 of 2022 are consolidated forthwith, with Petition E001 of 2023 as the lead file.
- Parties are directed to fully comply with Order 11, Civil Procedure Rules within 30 days.
Full Case Text
Judgment text and source record
18 paragraphs
Wangay Farmers Self Group 7 & 70 others v Adano & 8 others (Environment & Land Petition E001 of 2023) [2023] KEELC 20514 (KLR) (9 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20514 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Petition E001 of 2023
PM Njoroge, J
October 9, 2023
Between
Wangay Farmers Self Group 7 & 70 others
Petitioner
and
Salesa Adano & 8 others
Respondent
Ruling
1. This application is dated September 12, 2023. Among other things it seeks the consolidation of this suit with Isiolo ELC No 001 of 2022.
2. On October 2, 2023 advocate Mwiti who represented the Petitioners told the court that the 2 cases involved the same subject matter. He said that it would be more efficient for the 2 cases to be heard together so that they form a consolidated suit.
3. I do note that the application is not opposed. I issue the following orders:a. Petition E001 of 2023 (this Suit) and Isiolo ELC 001 of 2022 be consolidated forthwith and Petition E001 of 2023 to be the lead file.b. Parties are directed to concurrently fully comply with Order 11,CPRwithin 30 days of today.c. Both files to be mentioned in court on December 4, 2023. d. Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 9TH DAY OF OCTOBER, 2023 IN THE PRESENCE OF:Court assistant: Balozi/RahmaCaleb Mwiti for the Petitioners.Benjamin Kimathi for the 3rd, 7th, 8th and 9th Respondents.HON. JUSTICE P.M NJOROGEJUDGE