Moses Kirruti Lempaso & another v Obadiah K. Bunyi & 4 others [2018] KEELC 3575 (KLR)
The bottom line
#The Environment and Land Court refused to combine five related land suits or disqualify an advocate for suspected conflict, but ordered the Kajiado Land Registrar to disclose all register entries.
What this practically means
#Executive summary
#Key legal issues
#Consolidation of suits
Consolidation refused; each suit to proceed separately.
Applying Benson G. Mutahi v Raphael Gichovi Munene Kabutu & 4 others and Order 11 rule 3(1)(h), the court considered whether the same questions of law or fact arise, whether claims arise from the same transaction, and whether any party would be prejudiced. Although all suits relate to subdivisions of the same parcel, the suits have different plaintiffs, varied reliefs and distinct questions of law and fact arising from a series of transactions involving varied parties. Consolidation would occasion inconvenience and prejudice.
Advocate ceasing to act for conflict of interest
Prayer declined for lack of sufficient evidence of conflict or prejudice.
Applying British American Investments Company (K) Limited v Njomaitha Investments Limited & Another, the court held that a party asserting conflict of interest must demonstrate it with sufficient evidence and show prejudice. The Plaintiffs alleged only that the advocate had a proprietary claim and could be a witness, which was denied. The court emphasized the constitutional right of parties to counsel of their choice and found mere suspicion insufficient grounds to remove counsel.
Disclosure of land register entries
Allowed - Plaintiffs entitled to information held by the 4th Defendant.
The court found the Plaintiffs entitled to information held by the 4th Defendant regarding the suit land and allowed the prayer for full disclosure of all entries in the Land Register at Kajiado in respect of KAJIADO/OLOOITIKOSHI/KITENGELA/1957.
Legal principles established
#- Consolidation is meant to facilitate efficient, expeditious and fair disposal of disputes, not to confer undue advantage or occasion disadvantage.
- A party alleging conflict of interest must provide sufficient evidence of the conflict and demonstrate prejudice; mere suspicion cannot stop an advocate from acting.
Court orders
#- 1.Prayers 3 and 4 of the Notice of Motion dated 1st March, 2016 (consolidation of suits and cessation of actings by G.M. Muhoro Advocate) declined.
- 2.Prayer no. 5 allowed - the 4th Defendant to make full disclosure of all the entries made in the Land Register at Kajiado in respect of KAJIADO/OLOOITIKOSHI/KITENGELA/1957.
- 3.Each suit to proceed separately on its own merit for hearing and final determination.
- 4.Costs in cause.
- Jurisdiction invoked
- Article 159 of the Constitution; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules; Sections 13(1) and (2)(d) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moses Kirruti Lempaso & another v Obadiah K. Bunyi & 4 others [2018] KEELC 3575 (KLR)", Case Analysis (2018). ELC 377 of 2015 (Notice of Motion dated 1st March, 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3575/eng@2018-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.