MUTURI INVESTMENTS LIMITED v NATIONAL BANK OF KENYA LIMITED [2006] KEHC 889 (KLR)
- Court
- High Court of Kenya
- Case number
- 889
- Citation
- [2006] KEHC 889 (KLR)
- Decided
- 6 November 2006
The court orders the consolidation of the two suits, with Muturi Investments Limited as the 1st Plaintiff and Nairobi Mamba Village Limited as the 2nd Plaintiff, while The National Bank of Kenya Limited is the Defendant.
Facts
Two civil suits, Nairobi (Milimani) HCCC No.624 of 2005 (Mamba) and Civil Suit 199 of 2005 (Muturi), involve the same subject matter: banking facilities advanced by National Bank of Kenya Limited to Nairobi Mamba Village Limited. The Mamba case seeks a declaration that National Bank of Kenya is not entitled to claim any monies from the principal debtor due to an alleged breach of contract. The Muturi case involves the guarantor seeking a declaration that all guarantees and securities given by itself to National Bank of Kenya Limited are illegal and enforceable due to an alleged breach. Both suits involve the same security documents.
Issues
- Whether the two suits should be consolidated due to common questions of law and fact
- Whether the Plaintiff would suffer prejudice if the suits are heard separately
Reasoning
The court finds that the two suits have common questions of law and fact regarding the same lending, and that consolidating the suits will avoid duplication of proceedings and save court time.
Outcome
Consolidation of the two suits
Orders
- This suit shall and is hereby consolidated with HCCC Milimani 624 of 2005. This suit shall be the lead suit.
- Muturi Investments Limited shall be the 1st Plaintiff and Nairobi Mamba Village Limited shall be the 2nd Plaintiff while The National Bank of Kenya Limited shall be the Defendant.
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