Environment and Land Case Civil Suit 300 of 2004

Case Metadata
Case Number:	Environment and Land Case Civil Suit 300 of 2004
Parties:	Wanjala & others v Musioma & 4 others
Date Delivered:	31 May 2023
Case Class:
Court:	Environment and Land Court at Nairobi
Case Action:	Ruling
Judge(s):	Lucy Ngima Mbugua
Citation:	Wanjala & others v Musioma & 4 others (Environment and Land Case Civil Suit 300 of 2004) [2023] KEELC 17597 (KLR) (31 May 2023) (Ruling)
Advocates:	Mr. Ndiso for Plaintiff, D. Angwenyi holding brief for Mwangi for 1st & 2nd Defendants, Njuguna and Mrs. Muchiri for 3rd Defendant, Cheptuma for 4th Defendant, A. Kamau holding brief for Motari for 5th Defendant
Court Division:	Environment and Land
County:	Nairobi
Advocates:	Mr. Ndiso for Plaintiff, D. Angwenyi holding brief for Mwangi for 1st & 2nd Defendants, Njuguna and Mrs. Muchiri for 3rd Defendant, Cheptuma for 4th Defendant, A. Kamau holding brief for Motari for 5th Defendant
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

Case Metadata

Case Number:

Parties:

Wanjala & others v Musioma & 4 others

Date Delivered:

31 May 2023

Case Class:

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Wanjala & others v Musioma & 4 others (Environment and Land Case Civil Suit 300 of 2004) [2023] KEELC 17597 (KLR) (31 May 2023) (Ruling)

Advocates:

Mr. Ndiso for Plaintiff, D. Angwenyi holding brief for Mwangi for 1st & 2nd Defendants, Njuguna and Mrs. Muchiri for 3rd Defendant, Cheptuma for 4th Defendant, A. Kamau holding brief for Motari for 5th Defendant

Court Division:

Environment and Land

County:

Nairobi

Advocates:

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

Wanjala & others v Musioma & 4 others (Environment and Land Case Civil Suit 300 of 2004) [2023] KEELC 17597 (KLR) (31 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17597 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Case Civil Suit 300 of 2004

LN Mbugua, J

May 31, 2023

Between

Newton Wanjala and others

Plaintiff

and

Joseph Siro Musioma

1^st Defendant

Cresent Construction Company Limited

2^nd Defendant

Kairu Enterprises

3^rd Defendant

Pan African Bank Ltd (in Liquidation)

4^th Defendant

Commissioner of Lands

5^th Defendant

Ruling

1.This ruling relates to the issue raised by counsel Osoro for the 11^th Interested Party for the consolidation of the suit ELC 300 of 2004 with ELC 1064 of 2014 which averments were supported by counsel for the plaintiff in ELC 300 of 2004. Counsels for the 1^st, 2^nd and 3^rd defendants have opposed the consolidation of the two matters contending that the only link is an order in ELC 300 of 2004 which affected Case No 1064 of 2014.

2.I find that the suit 1064 of 2014 was transferred from Judge Okongo to Judge Eboso on November 18, 2020 for possible consolidation with case No. 300 of 2004. However on various dates, counsels for the various parties expressed their wish that the matters should just be handled concurrently. Thus on 3.6.2021, an order was made in case No. 1064 of 2014 for that suit to be heard alongside Case No 300 of 2004. Similarly on June 30, 2021, an order was made in Case No. 300 of 2004 for the two files to be heard concurrently by the same court. I find no plausible reason to vary the pronouncements made earlier on that issue of consolidation.

3.The only rider that the court shall give is that proceedings shall be recorded separately in each of the two files.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 31^ST DAY OF MAY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mr. Ndiso for PlaintiffD. Angwenyi holding brief for Mwangi for 1^st & 2^nd DefendantsNjuguna and Mrs. Muchiri for 3^rd DefendantCheptuma for 4^th DefendantA. Kamau holding brief for Motari for 5^th DefendantOsoro for 11^th Interested Party and 14^th and 15^th Defendants in the Cunter-ClaimCourt assistant: Kajuju