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ELCAllowedEmbu ELC Case No. 222 of 2015 (O.S.)· [2019] KEELC 557 (KLR)

Ngari Nguru v Josphat Macharia Karachi & 6 others [2019] KEELC 557 (KLR)

Environment and Land Court
14 November 2019
YAY.M. Angima
823 words in judgment
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The bottom line

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The Embu Environment and Land Court ruled that related land disputes can be merged into one case even when the parties and claims differ.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 15th May 2019 by the 1st, 3rd, 4th and 5th Respondents in Embu ELC No. 222 of 2015, seeking consolidation of Embu ELC No. 225 of 2015 (Esther Muthoni Macharia v Ngari Nguru & Igoki Nguru) with the instant suit, under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 11 Rule 3(h) of the Civil Procedure Rules, 2010. The Respondents contended that both suits raised similar questions of fact and law with some common parties, making joint hearing convenient. The Applicant opposed through a replying affidavit sworn on 11th June 2019, arguing that his suit had more parties, that the causes of action differed (adverse possession versus eviction), and that the parcels of land involved were not identical. The 2nd Respondent raised no objection. The court canvassed the matter by written submissions; only the Respondents filed submissions. Applying the principles in RMG V NG & Another [2013] eKLR and Nyati Security Guards & Services Ltd v Municipal Council of Mombasa [2004] eKLR, Angima J held that commonality of parties or causes of action is not a definitive factor in consolidation; the relevant considerations are common questions of law and fact, whether the reliefs arise from the same transaction, and convenience. Satisfied that common questions may arise and joint disposal was desirable, the court allowed the application in terms of order No. 1 thereof and ordered costs of the application to be in the cause.

Key legal issues

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01

Whether the two suits should be consolidated

Holding

The application for consolidation was allowed because common questions of fact and law may arise in both suits and it is desirable to dispose of the dispute together.

Reasoning

The court applied the principles from RMG V NG and Nyati Security Guards, noting that consolidation is appropriate where common questions of law or fact arise and simultaneous disposal is desirable. Commonality of parties or causes of action is not definitive; the parcels of land and causes of action need not be identical. On the material on record, the court was satisfied the two suits raised common questions and that hearing them together was convenient.

p. 2

Legal principles established

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  • Consolidation of suits turns on commonality of questions of law or fact, whether the reliefs arise out of the same transaction, and convenience - not on identity of parties or causes of action

Court orders

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  1. 1.The notice of motion dated 15th May 2019 by the 1st, 3rd, 4th & 5th Respondents is allowed in terms of order No. 1 thereof (consolidation of Embu ELC No. 225 of 2015 with the instant suit)
  2. 2.Costs of the application shall be in the cause

Authorities

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Legislation

  • Civil Procedure Act (Cap. 21)Sections 1A, 1B, 3 & 3A
  • Civil Procedure Rules, 2010Order 11 Rule 3(h)

Cases cited (2)

  • RMG V NG & Another
    [2013] eKLR
  • Nyati Security Guards & Services Ltd Vs Municipal Council of Mombasa
    [2004] eKLR
Jurisdiction invoked
Sections 1A, 1B, 3 & 3A of the Civil Procedure Act (Cap. 21) and Order 11 Rule 3(h) of the Civil Procedure Rules, 2010

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, "Ngari Nguru v Josphat Macharia Karachi & 6 others [2019] KEELC 557 (KLR)", Case Analysis (2019). Embu ELC Case No. 222 of 2015 (O.S.). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/557/eng@2019-11-14

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