Philip Kipkeu Kisang v Elizabeth Muthoni,Nicholas Karani Gichohi, Christine Wanjiru Karani & Robert Njiru Mbogo [2016] KEHC 2543 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

COMMERCIAL & ADMIRALTY DIVISION

HCCC NO. 215 OF 2013

PHILIP KIPKEU KISANG…………..………………….PLAINTIFF

VERSUS

ELIZABETH MUTHONI…….……......….....…..1ST DEFENDANT

NICHOLAS KARANI GICHOH……........……..2ND DEFENDANT

CHRISTINE WANJIRU KARANI .…......………3RD DEFENDANT

ROBERT NJIRU MBOGO

T/A NJIRU MBOGO & CO. ADVOCATES.……4TH DEFENDANT

RULING

1. When Counsel addressed me on the Notice of Motion of 11th August, 2014, they urged me to study the Court file in Nairobi Milimani Commercial and Admiralty Division Civil Suit No.436 of 2010 (Elizabeth Muthoni Mbae vs. 1) Nicholas Karani Gichohi  (2) Christine Wanjiru Karani  (3) Robert Njiru Mbogo t/a Njiru Mbogo & Co. Advocates (hereafter Civil Suit No. 436 of 2010).

2. I am glad that Counsel made that suggestion because upon perusing the Court file in Civil Suit No. 436 of 2010 it has emerged that the said suit was Dismissed with costs by Court on 18th June, 2015 pursuant to the Provisions of Order 17 Rule 2 of the Civil Procedure Rules.  In so far as the Motion before Court seeks to have the current suit consolidated with a Dismissed suit for purposes of hearing and determination, it is a non-starter.  Counsel for both the Applicant and the Respondent may not have been aware of the said Dismissal Order when they argued the Motion before me on 29th July 2016.

3. The Notice of Motion dated 18th August 2014 was overtaken by the events of 18th June, 2015 in Civil suit No. 436 of 2010 and is hereby struck out with no order to costs.

Dated, Signed and Delivered in Court at Nairobi this 29th day of September ,2016.

F. TUIYOTT

JUDGE

PRESENT;

Mulele for Plaintiff

N/A for Respondent

Alex -  Court Clerk