Ubora Housing Co-operative Society Limited v Triple –Two Properties Ltd & 5 others [2013] KEHC 2347 (KLR)
- Court
- High Court of Kenya
- Case number
- 2347
- Citation
- [2013] KEHC 2347 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConsolidation of SuitsPostureApplication for consolidation of two suitsCoramL. N. Gacheru
Holding
The court allows the consolidation of the two suits to determine the real ownership of LR No. 337/1631 in Machakos.
Facts
Two suits are pending in Machakos High Court, one filed by Ubora Housing Cooperative Society Limited against Triple –Two Properties Ltd and others, and another filed by Misori Construction Company Ltd against Ubora Housing Cooperative Society Limited over the same parcel of land LR No. 337/1631.
Issues
- Consolidation of the two suits to avoid duplicity of issues and conflicting orders
- Preservation of the suit property pending final determination
Reasoning
The court finds that the two suits involve similar facts and issues of law, and consolidating them will ensure justice is done and expedite the proceedings.
Outcome
The court allows the consolidation of the two suits.
Orders
- No party should enter, develop, sell, charge, lease or purport to do anything on the said suit premises pending the hearing of the suit
- The parties who are already residing on the plot should remain so and continue to reside therein until the final determination of this suit
Remedies
- Preservation of the suit property pending final determination
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (3)
- DUTTO MARIA LUCIA V MAURIZIO RICOTTA (2006) eKLR
- EAN KENYA V JOHN SAWERS & 4 OTHERS (2007) eKLR
- MUTURI INVESTMENT LTD V NATIONAL BANK OF KENYA LTD (2006) EKLr
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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