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ELCDismissedChuka ELC Case (application dated 6th November 2017) - number not stated in judgment· [2018] KEELC 3578 (KLR)

David Kamundi Muranga v Charles Njagi Kanga [2018] KEELC 3578 (KLR)

Environment and Land Court
30 April 2018
PNP. M. Njoroge
896 words in judgment
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The bottom line

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The Chuka Environment and Land Court dismissed a challenge to a land judgment because a consent judgment in a related case had already resolved the dispute.

What this practically means

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Executive summary

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The interested parties, Charles Nyaga and Nicholas Mwiti, moved the court by an application dated 6th November 2017 under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 1 Rule 10 of the Civil Procedure Rules and Articles 40 and 50 of the Constitution. They sought a stay of the court's orders of 17th October 2017, setting aside of the judgment delivered on 17th October 2017 on grounds of abuse of process, fraud and perjury, and consolidation of the suit with Chuka ELC No. 116 of 2017 (formerly Meru HCCC No. 83 of 2009). In their supporting affidavits, they asserted that the subject land, Muthambi/Lower-Kirimba/1604, was ancestral land that their father (the defendant) had no authority to sell without family consent, and that the plaintiff and defendant had conspired to obtain a judgment behind their backs to circumvent the hearing of their own pending suit. They contended the judgment of 17th October 2017 was fraudulently obtained through non-disclosure and should not stand. On 30th April 2018, Miss Munga for the applicants informed the court that a consent judgment delivered that day in ELC 116 of 2017 had compromised and collapsed the application. The judge agreed that the application had been compromised and that filing submissions would be pointless. The application was dismissed with no order as to costs.

Key legal issues

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01

Effect of a consent judgment in a related suit on a pending application

Holding

The court held that the consent judgment in ELC 116 of 2017 compromised and collapsed the application, making further argument unnecessary

Reasoning

Counsel for the interested parties informed the court on 30th April 2018 that the consent judgment delivered that day in ELC 116 of 2017 had compromised and collapsed the application and asked the court to take the necessary action. The judge agreed, noting that filing submissions as previously ordered would be futile, and dismissed the application with no order as to costs.

p. 2

Legal principles established

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  • An application may be rendered moot and dismissed where it has been compromised by a consent judgment in a related suit

Court orders

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  1. 1.The application dated 6th November 2017 is dismissed
  2. 2.No order as to costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3 and 3A
  • Civil Procedure RulesOrder 1 Rule 10
  • Constitution of KenyaArticles 40 and 50
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 1 Rule 10 of the Civil Procedure Rules; Articles 40 and 50 of the Constitution of Kenya

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, "David Kamundi Muranga v Charles Njagi Kanga [2018] KEELC 3578 (KLR)", Case Analysis (2018). Chuka ELC Case (application dated 6th November 2017) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3578/eng@2018-04-30

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