[2023] KEELC 873 (KLR)
The court found that the parties and subject matter in both ELC 263 of 2020 and Milimani Commercial Case No 8000 of 2019 are the same, and that consolidation would promote the overriding objectives of the Civil Procedure Act. As the application was unopposed, the court accepted the applicant's factual assertions....
Source-derived case information.
- Citation
- [2023] KEELC 873 (KLR)
- Parties
- Plaintiff: Wines and Spirits Kenya Ltd; Defendant: Orient Transport; Defendant: Sammy Peter Gioche; Defendant: The Hon. Attorney General; Interested Party: Margaret Wambui Chuchu; Interested Party: Lucy Waithera Kimanga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit E263 of 2020
- Procedural Posture
- Civil Suit / Ruling on Application for Transfer and Consolidation of Suit
- Outcome
- Application allowed; Milimani Commercial Case No 8000 of 2019 to be transferred and consolidated with ELC 263 of 2020.
- Judges
- JE Omange
- Legal Topics
- Case Consolidation, Transfer of Suit, Overriding Objective, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wines and Spirits Kenya Ltd
Plaintiff
Orient Transport
Defendant
Sammy Peter Gioche
Defendant
The Hon. Attorney General
Defendant
Margaret Wambui Chuchu
Interested Party
Lucy Waithera Kimanga
Interested Party
Procedural Posture
Civil Suit / Ruling on Application for Transfer and Consolidation of Suit
Legal Issues
- 1 Whether Milimani Commercial Case No 8000 of 2019 should be transferred to the Environment and Land Court and consolidated with ELC 263 of 2020.
- 2 Whether the consolidation would serve the overriding objectives of the Civil Procedure Act.
Ratio Decidendi
The court found that the parties and subject matter in both ELC 263 of 2020 and Milimani Commercial Case No 8000 of 2019 are the same, and that consolidation would promote the overriding objectives of the Civil Procedure Act. As the application was unopposed, the court accepted the applicant's factual assertions. The court held that efficient disposal of judicial business requires that suits involving the same parties and subject matter proceed in one court. Therefore, the application for transfer and consolidation was allowed to ensure just, efficient, and timely determination of the dispute.
Court Disposition
Application allowed; Milimani Commercial Case No 8000 of 2019 to be transferred and consolidated with ELC 263 of 2020.
Orders
- This suit is consolidated with Milimani Commercial Case No 8000 of 2019 for hearing and determination.
- The hearing shall be conducted on the basis of pleadings already filed, subject to any subsequent amendments.
Full Case Text
Judgment text and source record
28 paragraphs
Wines and Spirits Kenya Ltd v Orient Transport & 2 others; Chuchu & another (Interested Parties) (Environment and Land Case Civil Suit E263 of 2020) [2023] KEELC 873 (KLR) (26 January 2023) (Ruling)
Neutral citation: [2023] KEELC 873 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment and Land Case Civil Suit E263 of 2020
JE Omange, J
January 26, 2023
Between
Wines and Spirits Kenya Ltd
Plaintiff
and
Orient Transport
1st Defendant
Sammy Peter Gioche
2nd Defendant
The Hon. Attorney General
3rd Defendant
and
Margaret Wambui Chuchu
Interested Party
Lucy Waithera Kimanga
Interested Party
Ruling
1. The applicants application dated June 29, 2022 prays for an order that Milimani Commercial Case No 8000 of 2019 be transferred to this court and upon transfer be consolidated with this suit as ELC 263 of 2020. The application is brought on the grounds that the parties are the same and the cases arise out of a dispute the plaintiff has against the defendant relating to land parcel no LR/ 209/138/46 Nairobi situated on Duruma Road.
2. The application is not opposed by all parties save the 1st Defendant who had indicated that he would be filing a response. As at the date of writing this ruling there is no response. As such the application is considered unopposed. The court therefore finds that the facts alleged by the applicant are true namely; the parties in this case and Milimani Commercial Case no 8000 of 2019 are the same and the dispute in arises from the same property.
3. Order 1 A and B of the Civil Procedure Act places on the courts a responsibility to give effect to the overriding objectives which include; the just determination of the proceedings; the efficient disposal of the business of the Court; the efficient use of the available judicial and administrative resources; and the timely disposal of the proceedings, and all other proceedings in the Court, at a cost affordable by the respective parties.
4. The efficient disposal of the business of the court requires that a suit involving the same parties and the same subject matter proceed in one court. In the circumstances the application is allowed in the following terms:-a.That this suit be consolidated with Milimani Commercial Case No 8000 of 2019 for purposes of hearing and determination. The hearing shall be conducted on the basis of the pleadings already filed subject to any subsequent amendments in Milimani Commercial case NO 8000 of 2019 be transferred in this court.b.The file for this suit shall be the lead file for purposes of filing any further documents and recording proceedings. A mention date to be given for the court to give directions on how to proceed.c.The costs of the application shall be in the cause.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 26TH DAY OF JANUARY 2023. JUDY OMANGEJUDGEIn the presence of: -Mr. Kiluva for Mr. Kivuva for the PlaintiffsMr. Gitau for 1st Interested PartyMr. Kiarie for 2nd and 3rd Interested Parties