REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KERUGOYA ELC CASE NO. 823 OF 2013 TIBERIUS MBETI KITHENYA ………...…...…........…… PLAINTIFF/APPLICANT VERSUS DAVID MUGO SUBI …………….….............…1ST DEFENDANT/RESPONDENT ONESMUS KIMOTHO MVUNGU …..........….2ND DEFENDANT/RESPONDENT FRANCIS MUGO NJAGI …………..............…3RD DEFENDANT/RESPONDENT JOHN GITONGA MUGO …………….........…..4TH DEFENDANT/RESPONDENT BONIFACE MUCHANGI MUGO …...........…....5TH DEFENDANT/RESPONDENT THE DISTRICT LAND REGISTRAR, EMBU....6TH DEFENDANT/RESPONDENT THE COMMISSIONER OF LANDS ......…..….7TH DEFENDANT/RESPONDENT THE HON.ATTORNEY GENERAL.…........….. 8TH DEFENDANT/RESPONDENT RULING This is in relation to the plaintiff/applicant’s Notice of Motion dated 25 th June, 2014 seeking the following substantive prayer i.e. an order transferring Embu C.M.C.C No. 206 of 2013 to this Court and consolidating it with this suit. The application was canvassed orally by Mr. Wambugu advocate for the plaintiff/applicant while Mr. Muyodi and Ms Fatuma appeared for the 2nd and 3rd respondents respectively. I have considered the submissions by counsels as well as the pleadings both in this suit and in Embu C.M.C.C No. 206 of 2013 which was initially KERUGOYA ELC NO. 251 of 2013. The plaintiff in Embu C.M.C.C No. 206 of 2013 is FRANCIS MUGO NJAGI who is the 3 rd defendant in this case while the plaintiff in this case is TIBERIUS MBETI KITHENYA who is the 2 nd defendant in Embu C.M.C.C No. 206 of 2013. DAVID MUGO SUBI who is the 1st plaintiff in this case is also the 1st defendant in Embu C.M.C.C No. 206 of 2013. Therefore, all the parties in Embu C.M.C.C No. 206 of 2013 are parties in this suit save that there are other parties in this suit who are not parties in the Embu suit. The common factor in both suits is the parcel of land known as L.R NGANDORI/KANGARU/T.192. In this suit, the plaintiff’s claim is that he bought the said land from the 1 st defendant in June, 2012 but later
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learnt that the 1st defendant had subsequently purportedly to sell the same to the 2nd and 3rd defendants. The 4th and 5th defendants who are sons of the 1st defendant have on their part placed cautions on the same land claiming as beneficiaries. The 6th defendant has refused to remove the said cautions. In Embu C.M.C.C No. 206 of 2013 which was originally KERUGOYA ELC NO. 251 of 2013, the suit claims a refund of the purchase price of Ksh. 1,131,000/= being part payment of the purchase price in respect of the land parcel No. NGANDORI/KANGARU/T.192 or alternatively, the transfer of the same as well as a claim for liquidated damages. It is clear from the above that similar questions of facts and law are involved in both this suit and Embu C.M.C.C No. 206 of 2013 and it would be prudent to have the two suits consolidated not only to save the parties involved costs and time but also to save judicial time. This will also promote the overriding objectives of the Civil Procedure Act which are to facilitate the just, expeditious proportionate and affordable resolution of civil disputes. In any case, it has not been demonstrated that any of the parties will be prejudiced by the consolidation of the two suits. That being my view of the matter, I allow the Notice of Motion dated 25 th June 2014 and make the following orders:1. This suit be consolidated with Embu C.M.C.C No. 206 of 2013 2. Since there is now an Environment and Land Court at Embu, this suit is hereby transferred to that Court where it will be mentioned on 13th October, 2014 for further orders. 3. Costs shall be in the cause. B.N. OLAO JUDGE 3RD OCTOBER, 2014 3/10/2014 Before B.N. Olao – Judge Mwangi – CC Mr. Gichimu for Applicant – absent Mr. Muyodi for 2nd Respondent – absent Mr. Chomba for Fatuma for 3rd Respondent – present Attorney General for 6th, 7th & 8th Respondent – absent COURT: Ruling delivered in open Court this 3rd day of October, 2014.
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B.N. OLAO JUDGE 3RD OCTOBER, 2014
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