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Original judgment

Apollo Katamu Isiye v 1. Nathan Museve Kharinda ) 2. Rosa A. Eliati )

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA CIVIL CASE NO. 63 OF 2011 APOLLO KATAMU ISIYE ………………………………… PLAINTIFF VERSUS 1. NATHAN MUSEVE KHARINDA ) 2. ROSA A. ELIATI ) …………… DEFENDANTS RULING I have been requested by Mr. Osango advocate to consolidate Kakamega High Court Civil Case No. 63 of 2011 (this file) and Land & Environment case No. 87 of 2013. In my view, the two files cannot be consolidated. One (this one) was commenced by way of plaint in 2011, while the later one Land & Environment case No. 87 of 2013 was commenced by way or Originating Summons. In addition, a party who is in High Court civil case No. 63 of 2011, that is Nathan Museve Kharinda, is not a party in Land & Environment No. 87 of 2013. Consolidating the two files, in my view, will not serve the best interests of justice. I decline to consolidate the two files. Dated this 15th day of May, 2014 George Dulu JUDGE

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