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ELCPartially AllowedNot stated in the judgment (Nakuru ELC suit consolidated with Nakuru ELC No. 186 of 2014)· [2019] KEELC 1294 (KLR)

Hadija Njeri Kamau v Abdalla Tairara Godoro & another [2019] KEELC 1294 (KLR)

Environment and Land Court
9 October 2019
DOD. O. Ohungo
600 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court consolidated two land disputes involving the same parties and adjacent plots, meaning they will now be heard together as one case.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nakuru on the plaintiff's Notice of Motion dated 2nd July 2019 seeking consolidation of the suit with Nakuru ELC No. 186 of 2014 (Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh), and that both matters be listed for pre-trial on 15th October 2019, with costs in the cause. The applicant, who was substituted as plaintiff in this suit following the demise of the original plaintiff pursuant to a ruling of 20th June 2019, deposed that she is also the plaintiff in ELC No. 186 of 2014, that both suits arise from the same transaction, and that the same witnesses and documents would be relied upon. The defendants were served but filed no response and did not attend the hearing. The court, applying the decision in Stumberg And Another vs Potgeiter (1970 E.A. 323), held that consolidation is a handy tool where common questions of law or fact arise or where the reliefs claimed relate to the same or a series of transactions. On perusal of the file in ELC No. 186 of 2014, the court found the parties identical, the subject lands (Dundori/Lanet Block 5/384 and Block 5/383, New Gakoe) adjacent, and the plaints virtually replicas of each other. It was satisfied that a case for consolidation was made out, though it found no evidence supporting the claimed 15th October 2019 pre-trial date and gave its own directions instead. The court consolidated the suits and ordered costs to be in the cause.

Key legal issues

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Whether consolidation of the suit with Nakuru ELC No. 186 of 2014 was warranted

Holding

Consolidation was warranted because the parties in both matters are the same, the subject lands are adjacent parcels, and the plaints are virtually replicas of each other arising from the same circumstances

Reasoning

The court applied the principle in Stumberg vs Potgeiter that consolidation is a handy tool where common questions of law or fact arise or where reliefs claimed relate to the same or a series of transactions, aiding efficiency. On perusing the file in ELC No. 186 of 2014, the judge found identical parties, adjacent parcels (Dundori/Lanet Block 5/384 and 5/383), and near-identical plaints, and was thus satisfied that a case for consolidation had been made.

p. 1

Legal principles established

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  • Where there are common questions of law or fact in actions, and it is desirable that the whole of the matters be disposed of at the same time, consolidation should be ordered

Court orders

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  1. 1.This suit is hereby consolidated with Nakuru ELC No. 186 of 2014 Hadija Njeri Kamau vs Abdalla Tairara Godoro & Herodho Sheikh Bin Sheikh
  2. 2.Costs shall be in the cause

Authorities

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Cases cited (1)

  • Stumberg And Another vs Potgeiter
    1970 E.A. 323
Jurisdiction invoked
Inherent powers of the court over suits before it; consolidation based on common questions of law or fact arising from the same or a series of transactions

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, "Hadija Njeri Kamau v Abdalla Tairara Godoro & another [2019] KEELC 1294 (KLR)", Case Analysis (2019). Not stated in the judgment (Nakuru ELC suit consolidated with Nakuru ELC No. 186 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1294/eng@2019-10-09

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