Lawrence Maina Mwangi v Prairie Co-operative Society Ltd & 6 others [2021] KEELC 2038 (KLR)
- Court
- Environment & Land Court
- Case number
- 2038
- Citation
- [2021] KEELC 2038 (KLR)
- Decided
- 16 September 2021
The court stays the current suit pending the hearing and determination of the previously instituted Nakuru ELC No. 127 of 2014.
Facts
The plaintiff claims ownership of land reference number 22910, which was previously the subject of a different lawsuit (ELC No. 127 of 2014). The plaintiff sought to join that case as an interested party, but the court allowed the plaintiff to litigate under the same title as the original plaintiffs.
Issues
- Ownership of land reference number 22910
- Sub-judice issue
Reasoning
The court found that the ownership of land reference number 22910 is also directly and substantially in issue in the previously instituted Nakuru ELC No. 127 of 2014, thus violating Section 6 of the Civil Procedure Act.
Outcome
The suit is stayed pending the hearing and determination of Nakuru ELC No. 127 of 2014.
Authorities cited
Legislation (1)
- Civil Procedure Act
Loading judgment…