Case Metadata |
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Case Number: | civ suit 17 of 2003 |
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Parties: | ANANIAS NYAMAI KIRAGU vs JUMWA KALUME KITSAUMBI |
Date Delivered: | 03 Aug 2004 |
Case Class: | Civil |
Court: | High Court at Mombasa |
Case Action: | |
Judge(s): | Sheikh Mohammed Amin, Joyce Nuku Khaminwa |
Citation: | ANANIAS NYAMAI KIRAGU vs JUMWA KALUME KITSAUMBI[2004] eKLR |
History Advocates: | Neither party represented |
History County: | Baringo |
Case Outcome: | 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 HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO.217 OF 2003(O.S.)
ANANIAS NYAMAI KIRAGU……………………………….PLAINTIFF
=V E R S U S=
JUMWA KALUME KITSAUMBI……………………..DEFENDANT
R U L I N G
The Applicant has filed an Originating Summons claiming adverse possession.
The suit sought to be consolidated is covered by Plaint.
There are several parties in this suit. The Applicant herein is one of 10 Defendants.
I find that to consolidate the two suits will embarrass the trial of the two suits. It is said the other suit is fixed for hearing tomorrow. This Originating Summons is not yet at a stage where hearing can be fixed. I agree with Mr. Sifuna that order for consolidation ought not to be granted.
I uphold the Preliminary Objection and dismiss the application with costs in the cause.
Dated at Mombasa this 8th day of March, 2004.
JOYCE KHAMINWA
J U D G E
JOYCE KHAMINWA, J.
Mr. Kiarie
I apply for certified copies.
Court
Let the same be supplied as requested.