Wakufwa & 40 others (Suing on their own Behalf and on Behalf of 37 others) v Maru (Enviromental and Land Originating Summons 81 of 2016) [2025] KEELC 860 (KLR) (27 February 2025) (Ruling)

Summary at a glance

Facts

Frank Nyambu, Jimmy Mongo, and Richard Atetwe had previously sued the defendant in Mombasa HCCC No. 23 of 2015 over Plot No.413/I/MN, and were ordered to pay Kshs. 321,960 in costs. The current suit involves 37 other plaintiffs seeking adverse possession of the same property.

Issues

• Whether the defendant is entitled to a stay of proceedings against 3 named plaintiffs until they pay Kshs. 321,960 in costs

Reasoning

The court agrees that the subject matter and the general nature of the suits are the same, but not the specific cause of action. The court also considers the potential for splitting the suit and the untidy situation it may create.

Outcome

Defendant's application for stay of proceedings dismissed

Orders

• Defendant's notice of motion dated 26.07.2024 is hereby dismissed without prejudice to the right of the defendant to enforce payment of his costs through the civil process of execution.

Authorities cited