Lazarus Muloi Kitonga v Asai Ole Mosiroi Ramaita & 14 Others

ROSE MIBULA OJWANG……………………………………..8TH DEFENDANT PRISCA OJWANG ATIENO………………………….………..9TH DEFENDANT PETER MBUVI WAITA……………….………………………10TH DEFENDANT JAFETH ANGINYO AMBUNDO…………………………….11TH DEFENDANT FLORENCE KALENYE KIMUYU …………………………….12TH DEFENDANT GEORGE NJIRAINE KARANJA……………….……………..13TH DEFENDANT ANNE WANJIKU KARANJA………………………….……..14TH DEFENDANT RULING (On the order/sequence in which the parties in the consolidated suit shall be heard in the course of the hearing of the suit) Introduction 1. As this court noted on 3rd October 2025, directions on the consolidation of this suit, ELC 357 of 2016, with the other related matters were given way back on 26th June 2018. The court merely directed that ELC 357 of 2016 was to be the lead file but -__________________________________________________________________ RULING ELC NO. 357/2017 2

page 2 of 8

did not reassign the parties for the purposes of the ease of hearing of the case or direct the order in which the parties would be heard during the main hearing. 2. It is not in dispute that the court had the power to consolidate the matters as it did. The Supreme Court of Kenya in the case of Law Society of Kenya –vs- Center for Human Rights and Democracy and 12 others (2014) eKLR, held that; “The essence of consolidation is to facilitate the efficient and expeditious disposal of disputes and to provide a framework for a fair and impartial disposition of justice to parties.” 3. In Prem Hala Nabata & another –vs- Chandi Prasad Sikaria (2007) 2 Supreme Court cases, 551, the Indian Supreme Court was of a similar opinion holding that; “It cannot be disputed that the court has power to consolidate suits in appropriate cases. The main purpose of consolidation is therefore to save costs, time and effort and to make the conduct of several actions more convenient by treating them as one action. The jurisdiction to consolidate arises where there are two or more cases pending in the court and it appears to the court that some common questions of law or fact arises in both or all the suits or that the rights or relief(s) claimed in the suits are in respect of or arise out of the same -__________________________________________________________________ RULING ELC NO. 357/2017 3

page 3 of 8

transactions or series of transactions; or that for some other reasons it is desirable to make an order consolidating the suits” 4. Where the court consolidates suits, as in this instance, it is necessary to re-assign the parties’ positions and or determine the order in which they shall testify and adduce their evidence in the course of the hearing to facilitate an orderly trial. Unfortunately, the court in this case did not go beyond issuance of the consolidation order. 5. The lead file, ELC 357 of 2017 was initially instituted in Machakos Environment and Land Court as Machakos ELC 160 of 2014. The plaintiff, Lawrie Consulting Limited, initiated the case against Lazarus Muloi Kitonga as the sole defendant claiming ownership of the parcels of land known as Kajiado/Kaputiei - Central/1908, 1909, 1913 and 1914. It seeks an order of permanent injunction restraining the defendant from entering, remaining on, using, damaging, wasting and or interfering in any manner whatsoever with its possession and use of the aforementioned properties. -__________________________________________________________________ RULING ELC NO. 357/2017 4

page 4 of 8

6. ELC 179 of 2017 on its part was originally Machakos 338 of 2011 filed by ENGONAIRO INVESTMENT LIMITED against 8 defendants namely; i) Mutiso Kilungu. ii) Mutuku Kamolo. iii) Mbondo Kikombe. iv) Joshua Ngonyo. v) Namanu Kisule. vi) Taiko kisule. vii) Toipitatia Kisule, and viii) Lamaita Kisule. 7. The plaintiff in ELC 179 of 2017 claims a parcel of land known as Kajiado/Kaputiei Central /1035. The plaintiff seeks an eviction order against the defendants and an order of permanent injunction restraining them from trespassing into and committing acts of wastage on the said parcel. 8. ELC 395 of 2017 was formerly Machakos ELC 168 of 2014 (Originating Summons) which was instituted by JONATHAN NYAMAI NDAMBUKI, MBONDO KIKOMBE KAVITHI and DANIEL MUTISO KASUKU as plaintiffs (applicants) seeking a declaration of -__________________________________________________________________ RULING ELC NO. 357/2017 5

page 5 of 8

having acquired by adverse possession the various parcels of land known as Kajiado/Kaputiei-Central/462 which was subdivided into Kajiado/Kaputiei-Central/1034 Central/1034 being & 1035 with subsequently Kajiado/Kaputiei-Central/1752 and Kajiado/Kaputiei-Central/1758 was 1758. Kajiado/Kaputiei- subdivided The latter allegedly into parcel, subsequently subdivided into parcels known as Kajiado/Kaputiei-Central 1901, 1902, 1903, 1904, 1905, 1906, 1910, 1911, 1912 and 1898. The 3 plaintiffs claim is against 15 defendants as follows; a. 1st defendant- Asai Mosiro Ramaita. b. 2nd defendant- Josiah Asaai Mosiorui. c. 3rd defendant – David Kinyanjui Njehia. d. 4th defendant – Christopher Kinyua Tiras. e. 5th defendant- Martha Wambui Njuguna. f. 6th defendant – Eric Gitonga Mugambi. g. 7th defendant- Jane Wanjiku Waggema. h. 8th defendant- Engonairo Investment Limited. i. 9th defendant – Westcote Enterprises Limited. j. 10th defendant – Esther Wanjiku Waggema. k. 11th defendant – John Mutio Mutua. -__________________________________________________________________ RULING ELC NO. 357/2017 6

page 6 of 8

l. 12th defendant – Anne Wangui Mutua. m. 13th defendant – Ngari Solomon Mwangi. n. 14th defendant- Anne Wanjiku Chege. o. 15th defendant – Simion Sinkeet Mutunkei. 9. ELC 358 of 2017 is also of claim of adverse possession by LAZARUS MULOI KITONGA against; (i) Asaai Ole Mosioroi Ramaita. (ii) Joshiah Asaai Mosioroi. (iii) Christopher Kinyua and (iv) Patrick Ngeno, in respect of the parcels of land known as Kajiado/KaputieiCentral/1034 and 1035. 10. For the purposes of the hearing, the plaintiffs in the 4 suits will present their evidence first beginning with the plaintiff in ELC 357 of 2017, Lawrie Consulting Limited, followed by the plaintiff in ELC 179 of 2017. The plaintiffs in ELC 395 of 2017 and ELC 358 OF 2017 will follow in that sequence. The defendants will follow the same sequence upon the close of the Plaintiffs’ respective cases. Each party will have the right to cross-examine every -__________________________________________________________________ RULING ELC NO. 357/2017 7

page 7 of 8

party adducing evidence and any witnesses presented for that purpose. 11. Finally, all the Parties are directed to file and exchange their paginated trial bundles including all their pleadings, witness statements and the list and bundle of documents in the next 30 days from the date of this ruling and avail a hard copy for the court on or before the date of the first hearing. It is so ordered. Dated Signed and Delivered Virtually this 23rd Day of September, 2026. M.D. MWANGI JUDGE In the virtual presence of: Ms. Nzilani for Asai Ole Mosiroi & others Ms. Wanjira h/b for Mr. Mukiri for Engonairo Investment Ltd Court Assistant: Alex M.D. MWANGI JUDGE -__________________________________________________________________ RULING ELC NO. 357/2017 8

page 8 of 8