Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedELC 534 of 2013· [2021] KEELC 3636 (KLR)

Njoki Chege & 12 others v David Mburu Gibson & 2 others [2021] KEELC 3636 (KLR)

Environment and Land Court
22 April 2021
LKL. Komingoi
1,098 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court allowed purchasers claiming interests in the same Nairobi property to join an existing land suit and consolidated related cases.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Nairobi (L. Komingoi, J) determined two unopposed applications dated 18th December 2019: a Notice of Motion seeking consolidation of ELC 534 of 2013 with ELC No. 543 of 2013 (David Mburu Gibson, Nelson Mwangi t/a Nemka Commercial Agencies vs NSSF), and a chamber summons seeking leave for the applicants, who claim to be beneficial owners of LR No. 11895/24, to be joined as plaintiffs. The applicants alleged that a prayer in an earlier application had been inadvertently overlooked in a ruling dated 6th November 2015, and that consolidation was needed to protect their interests. No responses were filed despite leave granted on 5th February 2020, and the applications were canvassed by written submissions. Applying Order 1 rules 1 and 10(2) of the Civil Procedure Rules, and guided by Joseph Njau Kingori vs Robert Maina Chege, the court found the proposed plaintiffs had demonstrated an interest in the suit property, it being undisputed that payments had been made to both defendants under various agreements. Applying Ngati Security Guards & Services Ltd vs Municipal Council of Mombasa, the court found both suits concerned the same subject property and ought to be consolidated to achieve the overriding objective and save judicial time. Both applications were allowed: the applicants were joined as plaintiffs (bearing their own costs of the chamber summons), and the suits were consolidated with ELC 534 of 2013 as the lead file, costs of the Notice of Motion to abide the outcome of the main suit.

Key legal issues

#
01

Joinder of the applicants as plaintiffs

Holding

Application for joinder allowed; the applicants demonstrated an interest in the suit property

Reasoning

Order 1 rule 1 permits joinder of persons claiming relief arising from the same transaction, and Order 1 rule 10(2) permits addition of parties whose presence is necessary for complete adjudication. The court found it undisputed that the plaintiffs entered into agreements with the 1st defendant and made payments, including payments to the 2nd defendant evidenced by receipts. Guided by Joseph Njau Kingori vs Robert Maina Chege, the court found the proposed plaintiffs had shown an interest in the suit property.

p. 2
02

Consolidation with ELC No. 543 of 2013

Holding

Consolidation granted; the two suits concern the same subject matter, LR No. 11895/24

Reasoning

Applying Ngati Security Guards & Services Ltd vs Municipal Council of Mombasa, the court found the situations for consolidation existed: the pleadings in both files, ELC 534/2013 and ELC 1331 of 2014, concerned the same subject property, LR No. 11895/24. Consolidation was held to achieve the overriding objective and to save judicial time, with the suits to be heard together.

p. 3

Legal principles established

#
  • Consolidation may be ordered where suits in the same court raise common questions of law or fact, arise out of the same transaction, or where consolidation is otherwise desirable
  • All persons in whom a right to relief arising out of the same act or transaction is alleged to exist may be joined as plaintiffs in one suit

Court orders

#
  1. 1.Leave granted to the applicants to be joined as plaintiffs in this suit
  2. 2.Costs of the chamber summons dated 18th December 2019 to be borne by the applicants
  3. 3.This suit consolidated with ELC 543 of 2013, David Mburu Gibson, Nelson Mwangi both t/a NEMKA Commercial Agencies vs NSSF, with the lead file being ELC 534 of 2013
  4. 4.Costs of the Notice of Motion dated 18th December 2019 to abide the outcome of the main suit

Authorities

#

Legislation

  • Civil Procedure RulesOrder 51
  • Civil Procedure RulesOrder 3 Rule 5(1)
  • Civil Procedure ActSection 3A
  • Civil Procedure Rules 2010Order 1 Rule 1(1)
  • Civil Procedure Rules 2010Order 1 Rule 14
  • Civil Procedure Rules 2010Order 1 Rule 25
  • Civil Procedure ActSections 3A, 1B, 1A
  • Civil Procedure RulesOrder 1 Rule 10(2)

Cases cited (2)

  • Joseph Njau Kingori vs Robert Maina Chege
    [2002] eKLR
  • Ngati Security Guards & Services Ltd vs Municipal Council of Mombasa
    [2000] eKLR
Jurisdiction invoked
Order 51 of the Civil Procedure Rules, Order 3 Rule 5(1) and Section 3A of the Civil Procedure Act; Order 1 Rules 1(1), 14 and 25 of the Civil Procedure Rules 2010 and Sections 3A, 1B, 1A of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Njoki Chege & 12 others v David Mburu Gibson & 2 others [2021] KEELC 3636 (KLR)", Case Analysis (2021). ELC 534 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3636/eng@2021-04-22

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