Nguruman Ltd v Nielson (Environment and Land Case 120 of 2010) [2014] KEHC 1718 (KLR) (10 October 2014) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1718
- Citation
- [2014] KEHC 1718 (KLR)
- Decided
- 10 October 2014
The court finds that the Nairobi Court did not have jurisdiction to consider the consolidation, and that a judge sitting as a judge for the Environment and Land Court would have had jurisdiction. The court orders the consolidation of the two suits for hearing and determination.
Facts
The defendant, Jan Bonde Nielson, sought to consolidate two cases: HCC No. 120 of 2010 (Nguruman Limited vs Jan Bonde Nielson) and HCC No. 103 of 2009 (Nguruman Limited vs Ol Donyo Laro Estate Limited). The plaintiff, Nguruman Limited, opposed the consolidation.
Issues
- Whether the Nairobi Court had jurisdiction to consider the consolidation of the two cases.
- Whether the two suits involve the same or similar questions of law or fact.
Reasoning
The court applies the test from EAN Kenya Limited v. John Sawers & 4 others (2007) eKLR, which states that the test is not whether the parties are the same but whether the same or similar questions of law or fact are involved in the suits. The court holds that the two suits involve similar questions of law and fact.
Outcome
The court orders the consolidation of the two suits for hearing and determination.
Orders
- Consolidation of HCC No. 120 of 2010 (Nguruman Limited vs Jan Bonde Nielson) and HCC No. 103 of 2009 (Nguruman Limited vs Ol Donyo Laro Estate Limited) for hearing and determination.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- EAN Kenya Limited v. John Sawers & 4 others (2007) eKLR
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