Case Metadata |
|
| Case Number: | Environment and Land Case 88 of 2013 |
|---|---|
| Parties: | Kimani Mwangi & Laban Tole Mwailengo v Bernard Kungu Maina (Chairman) & Perminus Njoroge (Secretary) |
| Date Delivered: | 22 Sep 2017 |
| Case Class: | Civil |
| Court: | High Court at Nairobi (Milimani Law Courts) |
| Case Action: | Ruling |
| Judge(s): | Mary Muthoni Gitumbi |
| Citation: | Kimani Mwangi & another v Bernard Kungu Maina & another [2017] eKLR |
| Court Division: | Land and Environment |
| County: | Nairobi |
| Case Outcome: | Application allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
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 21st 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 27th 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 27th 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
Please Wait. Searching ...