Two Thirds Investment Limited & 9 others v Katana Said Kalama & 3 others [2018] KEELC 1101 (KLR)
- Court
- Environment & Land Court
- Case number
- 1101
- Citation
- [2018] KEELC 1101 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to stay suit and consolidate casesCoramA. OMOLLO
Holding
The suit is not in contravention of section 6 of the Civil Procedure Act. The subject matter is the same, and the defendants are also named as applicants in the previous suit.
Facts
Two Thirds Investment Limited and others (plaintiffs/respondents) filed a suit for adverse possession against Katana Said Kalama and others (defendants/applicants). Katana Said Kalama and others moved for a stay of the suit and consolidation of cases.
Issues
- Whether the suit contravenes the provisions of section 6 of the Civil Procedure Act
- Whether the subject matter and parties to the two suits are the same
Reasoning
The plaintiffs admitted the existence of ELC Case No 232 of 2014 over the mother title, which is the same parcel of land as the one in the current suit. The defendants are also named as applicants in the previous suit.
Outcome
The application is dismissed with costs awarded to the defendants/applicants.
Orders
- Consolidation of the two files with ELC Case No 232 of 2014 as the lead file and the pleadings in ELC Case No 3 of 2015 as a defence and counter-claim to the claim for adverse possession
Authorities cited
Legislation (1)
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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