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ELCAllowedMachakos ELC Case No. 639 of 2014 (application dated 15th July 2019)· [2020] KEELC 2992 (KLR)

Wisdom Property Agencies Limited v Keziah Mumbi Paul & 7 others [2020] KEELC 2992 (KLR)

Environment and Land Court
24 April 2020
679 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court reinstated a dismissed case and merged it with two related suits so all disputes over one parcel of land could be resolved together.

What this practically means

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Executive summary

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By an application dated 15th July 2019, the Plaintiff, through incoming advocates Muma & Kanjama, sought leave to come on record in place of Kangori & Company Advocates, review and setting aside of the order of Angote J dated 28th February 2019 dismissing the suit for want of prosecution, reinstatement of the suit filed on 17th November 2014, and consolidation with Machakos ELC. Case No. 162 of 2015 and ELC. No. 282 of 2012. The Plaintiff's Director deponed that the former advocate never received the notice to show cause dated 16th January 2019, that the plaintiff was thus denied an opportunity to be heard, and that the three suits involve the same parcel of land, L.R. No. 10426/7 and adjacent sub-divided properties, raising similar questions of fact and law. The application was unopposed. The court observed that the plaintiff had not fixed the matter for hearing; the dismissal followed a court-own-motion notice to show cause at which neither the plaintiff nor its advocate appeared. While noting that the claim of non-service was not supported by any affidavit from the former advocate, the court found the plaintiff's assertion that the matters were related undenied by the defendants. It allowed the application in its entirety so that all disputes over the suit property could be dealt with at once. The ruling, delivered at Machakos on 24th April 2020 by Angote J, reinstated and consolidated the suits. No costs order appears on the face of the ruling.

Key legal issues

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01

Review/setting aside of dismissal for want of prosecution

Holding

Application allowed; the dismissal order of 28th February 2019 was set aside and the suit reinstated despite the Plaintiff not opposing and not filing submissions

Reasoning

The court noted the plaintiff's assertion that related suits involving the same parcel of land were pending and undenied by the defendants. It reasoned that allowing the application would enable the court to deal with all disputes over the suit property at once, serving expeditious disposal. The application was unopposed.

p. 2
02

Consolidation of suits over the same land

Holding

The suit was consolidated with Machakos ELC. Nos. 162 of 2015 and 282 of 2012 as prayed

Reasoning

The Plaintiff deponed that all suits involve the same parcel of land, L.R. No. 10426/7 and adjacent sub-divided properties, raising similar questions of fact and law. The defendants did not deny this disposition, and the court found consolidation would serve the interest of justice and expeditious disposal.

p. 1

Legal principles established

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  • A court may set aside its own dismissal for want of prosecution where other suits concerning the same suit property are pending, so the disputes can be determined at once

Court orders

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  1. 1.Leave granted to the firm of Muma & Kanjama Advocates to come on record for the Plaintiff in place of Kangori & Company Advocates
  2. 2.The order of Justice O. Angote dated 28th February 2019 dismissing the suit, together with all consequential orders, reviewed/set aside
  3. 3.The suit filed on 17th November 2014 reinstated for expeditious hearing and determination
  4. 4.The suit consolidated with Machakos ELC. Case No. 162 of 2015 and Machakos ELC. No. 282 of 2012
Jurisdiction invoked
Inherent powers of the Environment and Land Court to review/set aside its own dismissal orders and to grant leave and consolidation in suits concerning land (Application dated 15th July 2019)

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, "Wisdom Property Agencies Limited v Keziah Mumbi Paul & 7 others [2020] KEELC 2992 (KLR)", Case Analysis (2020). Machakos ELC Case No. 639 of 2014 (application dated 15th July 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2992/eng@2020-04-24

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