RULING
- It is true that there was a consolidation of this file with Originating Summons (OS) No.185 of 2016 in the year 2016.
- Looking at the pleading filed in ELC No.250 of 2014, the cause of action is trespass by one David Kanda.
- There is no dispute on the ownership of the neighbouring properties.
- As regards the OS. No. 185 of 2016, the Applicants therein are seeking adverse possession on both Kaptalalamwa/274 and Kaptalalamwa/275.
- Looking at the two distinct causes of action, this court is of the view that the two files should not be consolidated.
- In view of the above, the court makes the following orders;
- The orders of consolidation issued on the 30.11.2016 are hereby reviewed and set-aside forthwith.
- The Ruling pronounced this morning on the application dated 03.04.2025 is hereby reviewed and set-aside.
- The application dated 03.04.2025 is hereby marked as withdrawn with no orders as to costs.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Mr. Simiyu for the Applicant
Defendant: Mr. Wafula for 1st Respondent
Mr. Nyachiro for 2nd Respondent