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ELCOtherELC Case at Meru (Notice of Motion dated 9th November 2019)· [2021] KEELC 1963 (KLR)

Veronica Nyegera (Suing as the legal representative and administratix of the estate of Gerishon Gatobu Mbui) v Pricilla Ndubi (Sued as the legal administrator of the Estate of Julius Ndubi Javan) [2021] KEELC 1963 (KLR)

Environment and Land Court
22 September 2021
911 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 refused to stay duplicate cases and instead moved them all into one court to be heard together.

What this practically means

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Executive summary

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The plaintiff, in occupation of LR No. NYAKI/MULATHANKARI/2244, moved the ELC at Meru by Notice of Motion dated 9th November 2019 under Order 51 rule 1 of the Civil Procedure Rules and sections 1A, 1B, 3, 3A, 8 and 63(e) of the Civil Procedure Act, seeking stay of proceedings in Meru CMCC ELC No. 189 of 2018 and ELC 172 of 2018, two suits filed by the defendant over the same land, pending hearing of the plaintiff's suit. She argued that identical parties and subject matter should not be litigated in multiple courts, invoking the principle against double vexation and citing Republic v Registrar of Societies Ex-parte Moses Kirima. She further relied on the ruling in High Court Succession Cause No. 720 of 2013, which directed determination under Order 37 of the Civil Procedure Rules. The defendant opposed, calling the application a delaying tactic and an afterthought, asserting that only ELC 189 of 2018 exists and citing Julius Kathurima M'Igweta v Charles Gikundi. The court noted it had perused the succession cause ruling which triggered all the suits, and observed uncertainty as to how both matters reached the magistrates' court. Exercising supervisory jurisdiction under section 18 of the Civil Procedure Act to avoid conflicting and multiple cases in different courts, the court declined a stay and instead transferred both magistrate's court suits to the ELC to be handled simultaneously with the current suit, with no orders as to costs.

Key legal issues

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01

Whether to stay or consolidate overlapping suits over the same subject matter

Holding

The court declined a stay and instead transferred the magistrate's court suits to the ELC to run simultaneously with the plaintiff's suit, invoking its supervisory jurisdiction under section 18 of the Civil Procedure Act.

Reasoning

The court perused the ruling in Meru Succession Cause No. 720 of 2013, which triggered the suits, and noted uncertainty as to how the two suits ended up in the magistrates' court, with the defendant admitting only the existence of No. 189 of 2018. To avoid conflicting and multiple cases running in different courts, the court transferred both suits to the ELC rather than staying them.

p. 2
02

Avoidance of multiplicity of suits (natural justice)

Holding

The court accepted the principle that the same parties and subject matter should not be vexed twice and that multiplicity of suits should be avoided in the interest of justice.

Reasoning

The plaintiff submitted, citing Republic v Registrar of Societies, Kenya & 2 others Ex-parte Moses Kirima & 2 others, that no man should be vexed twice over the same cause, that the same parties and subject matter featured in the various suits, and that multiplicity of suits clogs the wheels of justice. The court's transfer orders gave effect to that principle.

p. 1

Legal principles established

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  • The ELC exercises supervisory jurisdiction over the magistrates' court under section 18 of the Civil Procedure Act and may transfer overlapping suits to itself to avoid conflicting and multiple cases in different courts

Court orders

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  1. 1.The pending suits before the magistrates' court at Meru, be it No. 189 of 2018 or 172 of 2018 or both, are transferred to the ELC Court to be handled simultaneously with the current suit
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 51 rule 1
  • Civil Procedure ActSections 1A, 1B, 3, 3A, 8, 63(e)
  • Civil Procedure ActSection 18
  • Civil Procedure RulesOrder 37
  • Civil Procedure RulesOrder 21 rule 1

Cases cited (2)

  • Republic V Registrar of Societies, Kenya & 2 others Ex-parte Moses Kirima & 2 others
    [2017] eKLR
  • Julius Kathurima M’Igweta vs. Charles Gikundi
    HCC No. 59 of 2019
Jurisdiction invoked
Section 18 of the Civil Procedure Act (supervisory jurisdiction over the magistrates' court); Article 162(2)(b) ELC jurisdiction; Order 51 rule 1 Civil Procedure Rules

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, "Veronica Nyegera (Suing as the legal representative and administratix of the estate of Gerishon Gatobu Mbui) v Pricilla Ndubi (Sued as the legal administrator of the Estate of Julius Ndubi Javan) [2021] KEELC 1963 (KLR)", Case Analysis (2021). ELC Case at Meru (Notice of Motion dated 9th November 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1963/eng@2021-09-22

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