Tiberius Mbeti Kithenya v David Mugo Subi & 7 others [2014] KEHC 2132 (KLR)
- Court
- High Court of Kenya
- Case number
- 2132
- Citation
- [2014] KEHC 2132 (KLR)
The suit is consolidated with Embu C.M.C.C No. 206 of 2013 and transferred to the new Environment and Land Court at Embu for further orders.
Facts
The plaintiff/applicant claims to have bought land from the 1st defendant in June 2012, but later learned that the 1st defendant had sold it to the 2nd and 3rd defendants. The 4th and 5th defendants, sons of the 1st defendant, have placed cautions on the land claiming as beneficiaries. The 6th defendant has refused to remove the cautions.
Issues
- Consolidation of the two cases
- Transfer of the case to the new Environment and Land Court at Embu
Reasoning
The court considered the claims and pleadings in both cases and found that the land in question is the same in both cases, leading to consolidation. The court also decided to transfer the case to the new court.
Outcome
The case is consolidated with Embu C.M.C.C No. 206 of 2013 and transferred to the new Environment and Land Court at Embu.
Orders
- Consolidation of the two cases
- Transfer of the case to the new Environment and Land Court at Embu
Remedies
- Costs to be determined in the cause
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