[2017] KEELC 1956 (KLR)
The court found that the parties and subject matter in Kisii ELC Case No. 61 of 2016 and Kisii ELC Case No. 415 of 2015 are the same, both concerning land parcel Suna East Wasweta 1/19095. The issues raised in both cases can only be effectively determined if the suits are consolidated. There was no objection from...
Source-derived case information.
- Citation
- [2017] KEELC 1956 (KLR)
- Parties
- Plaintiff: William Odhiambo Nyamolo; Defendant: Yusto Ouru Kisia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 223 of 2015
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application for Consolidation
- Outcome
- Application allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Case Consolidation, Joinder of Parties, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Odhiambo Nyamolo
Plaintiff
Yusto Ouru Kisia
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Consolidation
Legal Issues
- 1 Whether Kisii ELC Case No. 61 of 2016 and Kisii ELC Case No. 415 of 2015 should be consolidated.
- 2 Whether the subject matter and parties in both suits are the same, justifying consolidation.
- 3 Whether consolidation would serve the interests of justice.
Ratio Decidendi
The court found that the parties and subject matter in Kisii ELC Case No. 61 of 2016 and Kisii ELC Case No. 415 of 2015 are the same, both concerning land parcel Suna East Wasweta 1/19095. The issues raised in both cases can only be effectively determined if the suits are consolidated. There was no objection from the plaintiff, and the application was supported by the relevant provisions of the Civil Procedure Rules and Act. The court concluded that consolidation would serve the interests of justice and avoid multiplicity of proceedings. Accordingly, the application for consolidation was allowed.
Court Disposition
Application allowed.
Orders
- Kisii ELC Case No. 61 of 2016 is consolidated with Kisii ELC Case No. 415 of 2015.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MIGORI
ELC NO. 223 OF 2017
(Formerly KISII ELC CASE 415 OF 2015)
WILLIAM ODHIAMBO NYAMOLO……………………PLAINTIFF/RESPONDENT
VERSUS
YUSTO OURU KISIA……………………………………DEFENDANT/APPLICANT
RULING
1. In a Notice of Motion dated 17/2/2017 brought pursuant to Sections 3,3A and 63E, of the Civil Procedure Act Cap 21 Laws of Kenya and Article 159 Laws of Kenya 2010, the Constitu the Defendant has sought the following orders;-
a. THAT the Honourable Court be pleased to grant orders to the Defendant/Applicant an order to have Kisii Elcc case No. 16 of 2016 consolidated with Kisii ELcc case 415 of 2015.
b. THATthe Honourable court be pleased to make any other further orders as the court may deem fit to grant in the circumstances.
c. THE costs of this application be in the cause.
2. The grounds of the Notice of Motion are on the face of it with documents in support of it, the ground are :-
a. The defendant/applicants has filed Kisii ELC case No. 61 of 2016 against the plaintiff herein and another.
b. The parties in Kisii ELC case no. 61 of 2016 and Kisii ELC case no. 415 of 2015 are the same.
c. That the subject matter in this suit is the same with the subject matter in Kisii Elcc 61 of 2016.
d. That the defendant/applicant’s claim against the plaintiff herein if over the same land parcel Suna East Wasweta 1/19095.
e. That the issue raised herein and the issue raised by the plaintiff/respondent and the issue raised by defendant/applicant in Kisii ELC case No. 61 of 2016 can only be determined at once if the plaintiff’s suit is consolidated together with the defendant/applicant suit.
f. It is for the interest of justice that the orders sought be granted.
3. Ms. Ochwal for the plaintiff has no objection to the application. There is no appearance on the part of the defendant. Order 3 Rules 4 , 5 and 6 Civil Procedure Rules,2010 fortify the Notice of Motion application which I find full of merits.
4. I allow the Notice of Motion dated 17/2/2017 in terms of orders (a) and (c) sought therein.
5. Mention on 2/10/2017 for directions
DELIVERED, SIGNED and DATED in open court at MIGORI this 20thday of July 2017.
G.M.A. ONGONDO
JUDGE
In presence of :-
Ms. Ochwal for the plaintiff
Tom – Court Assistant
G.M.A. ONGONDO
JUDGE