[2023] KEELC 17597 (KLR)
The court found that both ELC 300 of 2004 and ELC 1064 of 2014 had previously been ordered to be heard concurrently by the same court, with proceedings to be recorded separately. There was no plausible reason advanced to vary these prior pronouncements. The court exercised its discretion to maintain the concurrent...
Source-derived case information.
- Citation
- [2023] KEELC 17597 (KLR)
- Parties
- Plaintiff: Newton Wanjala and others; Defendant: Joseph Siro Musioma; Defendant: Cresent Construction Company Limited; Defendant: Kairu Enterprises; Defendant: Pan African Bank Ltd (in Liquidation); Defendant: Commissioner of Lands
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 300 of 2004
- Procedural Posture
- Civil Suit / Ruling on Consolidation of Suits
- Outcome
- Application for consolidation declined; suits to proceed concurrently as previously ordered.
- Judges
- LN Mbugua
- Legal Topics
- Consolidation of Suits, Case Management, Land Disputes
- 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
Newton Wanjala and others
Plaintiff
Joseph Siro Musioma
Defendant
Cresent Construction Company Limited
Defendant
Kairu Enterprises
Defendant
Pan African Bank Ltd (in Liquidation)
Defendant
Commissioner of Lands
Defendant
Procedural Posture
Civil Suit / Ruling on Consolidation of Suits
Legal Issues
- 1 Whether Environment and Land Case 300 of 2004 should be consolidated with ELC 1064 of 2014.
- 2 Whether previous court orders for concurrent hearing should be varied.
Ratio Decidendi
The court found that both ELC 300 of 2004 and ELC 1064 of 2014 had previously been ordered to be heard concurrently by the same court, with proceedings to be recorded separately. There was no plausible reason advanced to vary these prior pronouncements. The court exercised its discretion to maintain the concurrent hearing arrangement rather than consolidating the suits, emphasizing that the interests of justice and judicial efficiency would be served by upholding the existing orders. The only modification was a reiteration that proceedings must be recorded separately in each file.
Court Disposition
Application for consolidation declined; suits to proceed concurrently as previously ordered.
Orders
- ELC 300 of 2004 and ELC 1064 of 2014 shall continue to be heard concurrently by the same court.
- Proceedings shall be recorded separately in each of the two files.
Full Case Text
Judgment text and source record
26 paragraphs
Wanjala & others v Musioma & 4 others (Environment and Land Case Civil Suit 300 of 2004) [2023] KEELC 17597 (KLR) (31 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17597 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit 300 of 2004
LN Mbugua, J
May 31, 2023
Between
Newton Wanjala and others
Plaintiff
and
Joseph Siro Musioma
1st Defendant
Cresent Construction Company Limited
2nd Defendant
Kairu Enterprises
3rd Defendant
Pan African Bank Ltd (in Liquidation)
4th Defendant
Commissioner of Lands
5th Defendant
Ruling
1. This ruling relates to the issue raised by counsel Osoro for the 11th Interested Party for the consolidation of the suit ELC 300 of 2004 with ELC 1064 of 2014 which averments were supported by counsel for the plaintiff in ELC 300 of 2004. Counsels for the 1st, 2nd and 3rd defendants have opposed the consolidation of the two matters contending that the only link is an order in ELC 300 of 2004 which affected Case No 1064 of 2014.
2. I find that the suit 1064 of 2014 was transferred from Judge Okongo to Judge Eboso on November 18, 2020 for possible consolidation with case No. 300 of 2004. However on various dates, counsels for the various parties expressed their wish that the matters should just be handled concurrently. Thus on 3. 6.2021, an order was made in case No. 1064 of 2014 for that suit to be heard alongside Case No 300 of 2004. Similarly on June 30, 2021, an order was made in Case No. 300 of 2004 for the two files to be heard concurrently by the same court. I find no plausible reason to vary the pronouncements made earlier on that issue of consolidation.
3. The only rider that the court shall give is that proceedings shall be recorded separately in each of the two files.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 31STDAY OF MAY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mr. Ndiso for PlaintiffD. Angwenyi holding brief for Mwangi for 1st & 2nd DefendantsNjuguna and Mrs. Muchiri for 3rd DefendantCheptuma for 4th DefendantA. Kamau holding brief for Motari for 5th DefendantOsoro for 11th Interested Party and 14th and 15th Defendants in the Cunter-ClaimCourt assistant: Kajuju