Ruai Central 54 Association v Paddy Kamau Ng’ang’a & George Wanyutu Boro [2017] KEELC 3125 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

MILIMANI LAW COURTS

ELC. CASE NO. 694 OF 2014

RUAI CENTRAL  54 ASSOCIATION.….PLAINTIFF

VERSUS

PADDY KAMAU NG’ANG’A.……1ST DEFENDANT

GEORGE WANYUTU BORO…...2ND DEFENDANT

RULING

I have considered Notice of Motion dated 15th April 2015.  Prayer No. 5 thereof seeks the consolidation of this suit with ELC. 395 of 2011.  I did  issue direction on 30/10/2015 after perusing both files and issued an order that the two suits cannot be consolidated as they related to different parties and different parcels of land.

The order has not been reviewed.  The other prayers in the Application cannot be granted for the reason that they encroach into the realm of the trial of this suit which is yet to commence. The application is therefore dismissed.  Costs shall be in the cause.

A pre-trial conference shall be held before the Deputy Registrar, Environment and Land Court on 25/4/2017.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 31ST DAY OF MARCH  2017.

MARY M. GITUMBI

JUDGE