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ELCOtherJR 5 of 2008 (Formerly Nairobi 417 of 2007)· [2016] KEELC 1272 (KLR)

Jeremiah M'Njogu v Janet Tirindi Kathunguri (Deceased) & 5 others [2016] KEELC 1272 (KLR)

Environment and Land Court
14 September 2016
PNP. M. Njoroge
666 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This was a directions ruling in a long-running land dispute concerning parcel No. NTIMA/NTAKIRA/685, which was adjudicated in 1988 and subdivided in 1991 into parcels 2488 and 2489. On 25/05/2016, following agreement among counsel, the court ordered several applications dated 02/05/2007, 30/03/2016, 27/10/2011, JR 31 of 2013 and HCA 21 of 1990 to be heard concurrently. At a further mention on 07/09/2016, the court learnt that three related matters - Succession Cause No. 351 of 2002, HCA 21 of 1990 and Misc. Application No. 19 of 2016 - were before Hon. Justice Gikonyo, J, while the applicant had further matters before the ELC (JR 5 of 2008, Misc. Application No. 7 of 1998, JR 31 of 2013 and JR 7 of 2016), all concerning the same parcel. The court observed that the applicant might be engaged in forum shopping and that concurrent hearings risked conflicting rulings. It held that it lacked jurisdiction to consolidate succession matters with other suits and vacated the earlier consolidation order as per incuriam. All related suits were directed to be heard by Hon. Justice Gikonyo, J, or deferred until succession issues were determined. Costs were to be in the cause.

Key legal issues

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01

Jurisdiction to consolidate succession suits with land suits

Holding

The ELC cannot consolidate succession matters with other suits; the earlier consolidation order was vacated as per incuriam

Reasoning

The court observed that the same subject matter (parcel NTIMA/NTAKIRA/685) was before courts of concurrent jurisdiction, including a succession cause before Justice Gikonyo. Consolidating succession issues with other suits would exceed the ELC's jurisdiction and risk conflicting rulings, so the prior consolidation order was set aside.

p. 2
02

Forum shopping

Holding

The applicant was possibly engaged in forum shopping, which risks courts of concurrent jurisdiction reaching conflicting decisions

Reasoning

The court noted the applicant had filed multiple applications in different matters concerning the same parcel and remarked that hearing the suits separately could produce diametrically opposed rulings, justifying transfer of all related matters to the judge handling succession.

p. 2

Legal principles established

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  • The ELC lacks jurisdiction to consolidate suits pertaining to succession issues with other suits

Court orders

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  1. 1.Order to consolidate applications dated 02/05/2007, 30/03/2016, 27/10/2011, JR 31 of 2013 and HCA 21 of 1990 vacated as issued per incuriam
  2. 2.Succession Cause No. 351 of 2002, HCA 21 of 1990, JR 5 of 2008, Misc. Application No. 7 of 1998, JR 31 of 2013, JR 7 of 2016 and Misc. Application No. 19 of 2016 be heard by Hon. Justice Gikonyo, J or deferred until succession issues are determined
  3. 3.Parties to obtain a date for directions before Hon. Justice Gikonyo, J
  4. 4.Costs in the cause
Jurisdiction invoked
Environment and Land Court Act - directions on consolidation of suits concerning land parcel NTIMA/NTAKIRA/685

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jeremiah M'Njogu v Janet Tirindi Kathunguri (Deceased) & 5 others [2016] KEELC 1272 (KLR)", Case Analysis (2016). JR 5 of 2008 (Formerly Nairobi 417 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1272/eng@2016-09-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.