Elisha Chebii Chesinya v Domiziano Kaburu Njeru [2018] KEELC 2204 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Effect of consolidation on extraction of orders
The lead file, ELC No. 544 of 2016, was confirmed as such by consent recorded on 21st March 2017, and orders must be extracted under the heading used in the ruling of 5th December 2017 which captured the consolidation
The court noted that the consent of 21st March 2017 consolidated the suits and selected ELC No. 544 of 2016 as lead file. The ruling of 5th December 2017 bore the consolidated title. Parties wrongly submitted drafts under separate headings, and the deputy registrar wrongly signed orders under separate headings, but the extracted orders were specific and bound both parties equally.
Possession and use of the suit property pending hearing
Chesinya to retain possession and use of the 15 acres pending hearing, subject to the earlier status quo orders
The court had previously declined to determine possession due to dearth of evidence. On the present application, Njeru filed no replying affidavit to contest Chesinya's affidavit filed 14th June 2018 complaining of invasion and crop damage, so the uncontroverted material showed Chesinya in possession. The court therefore directed that he retain possession and use.
Legal principles established
#- Once causes are consolidated, the title of the consolidated cause changes accordingly, and extracted orders should bear the heading of the consolidated/lead file rather than the separate suits
- Litigants cannot demand that the court guide them on every detail; the duty to obey and uphold the law rests on every person
Court orders
#- 1.The orders made in the ruling delivered on 5th December 2017 remain in force, and those orders and future orders must be extracted using the heading used in the ruling delivered on 5th December 2017 as long as the consolidation remains as ordered on 21st March 2017
- 2.Elisha Chebii Chesinya to retain possession and use of the 15 acres of plot No. 33 Olongai Scheme pending hearing and determination of the suit, subject to the orders made in the ruling delivered on 5th December 2017
- 3.Parties to urgently set down the suit for hearing
- 4.Costs in the cause
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the consolidated suits, ELC No. 544 of 2016 and ELC No. 21 of 2017
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elisha Chebii Chesinya v Domiziano Kaburu Njeru [2018] KEELC 2204 (KLR)", Case Analysis (2018). ELC No. 544 of 2016 (Nakuru), consolidated with ELC No. 21 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2204/eng@2018-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.