Wanyika & 4 others v Hunyu (Enviromental and Land Originating Summons 45 of 2023) [2025] KEELC 18368 (KLR) (20 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18368
- Citation
- [2025] KEELC 18368 (KLR)
- Decided
- 20 November 2025
The two suits are inter-related and should be heard together. Further proceedings in the current suit are stayed pending the hearing of ELC No. E001 of 2025 (OS).
Facts
The Plaintiffs are pursuing a claim for adverse possession over L.R Nyandarua/ Ndaragwa/Uruku Block 2/1434 (URUKU). The Defendant is the legal representative of the Estate of Margaret Njeri Wanyoike (now deceased), who had previously filed a similar suit (ELC No. E001 of 2025 (OS)).
Issues
- Whether to stay further proceedings in the current suit pending the hearing of ELC No. E001 of 2025 (OS)
- Whether to consolidate the two suits for determination
Reasoning
The Court finds it prudent to hear the two suits together due to their inter-related nature. The current suit will be concluded, and further proceedings will be stayed until the hearing of ELC No. E001 of 2025 (OS).
Outcome
The application for an order to stay further proceedings in the current suit and consolidate the two suits for determination is granted.
Orders
- Further proceedings in the current suit are stayed pending the hearing of ELC No. E001 of 2025 (OS).
Remedies
- Costs shall await the outcome of the suit.
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