REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI MILIMANI LAW COURTS ELC. CASE NO. 88 OF 2013 KIMANI MWANGI..............................................................1ST PLAINTIFF LABAN TOLE MWAILENGO..........................................2ND PLAINTIFF VERSUS BERNARD KUNGU MAINA (Chairman)....................1ST DEFENDANT PERMINUS NJOROGE (Secretary).........................2ND DEFENDANT (for and behalf of KAMUTHI FARMERS CO-OPERATIVE SOCIETY) RULING The application before me is Notice of Motion dated 21 st January 2015 seeking for the consolidation of this suit with ELC. NO. 431 of 2008 or in the alternative that this suit be stayed pending the hearing and determination of ELC. 431 of 2008. Upon perusal of the court file for ELC. 431 of 2008, I have discovered that the Defendants filed the exact same application Notice of Motion dated 21st January 2015 in ELC. No. 431 of 2008. The Plaintiff in ELC. No. 431 of 2008 indicated to the court on 27 th May 2013 that they do not oppose that application and the court proceeded to allow that application on the same date. Accordingly, the application before the court in this instant suit was already allowed on 27 th May 2013. The two cases are consolidated and the court is at liberty to give directions on pre-trial. For the avoidance of doubt, the lead file shall be ELC. 431 OF 2008. DELIVERED, DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF SEPTEMBER 2017. MARY M. GITUMBI JUDGE
Original judgment
Kimani Mwangi & 1 other v Bernard Kungu Maina (Chairman) & 1 other
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