REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELC (OS) NO. 45 OF 2023
Formerly Nyahururu ELC ( OS) 49 OF 2019
VERONICAH WANDIA WANYIKA & 4 OTHERS..........PLAINTIFFS
VERSUS
ZAWERIN WANJIRU HUNYU....................................DEFENDANT
RULING
In the Motion dated 20/6/2025, the 2nd Plaintiff/Applicant made an Application for orders that: -
“This Court stays further proceedings in this suit pending the Hearing of Nyandarua ELC No. E001 OF 2025 (OS) and that the 2 suits be determined in a consolidated Judgment”.
The Applicant pleaded that in the current suit the Plaintiffs are pursuing a claim for adverse possession over L.R NYANDARUA/ NDARAGWA/URUKU BLOCK 2/1434 (URUKU). In the latter suit i.e. ELC No. E001 OF 2025 (OS) the same was filed by the legal representative of the Estate of Margaret Njeri Wanyoike (who is now Deceased). There is a claim for adverse possession over Title No. L.R NYANDARUA/NDARAGWA/URUKU BLOCK 2/1434 (Uruku). He further contends that the current suit is fully heard and it is pending filing of Submissions whereas Nyandarua ELC No. E001 of 2025 (OS) is yet to be heard and he fears that if Judgment is pronounced in the current suit, the same will have adverse effect on the later. No prejudice would befall the Respondent as she will have a chance to defend herself in the latter suit.
In the Respondent’s Replying Affidavit sworn on the 1/7/2025 and filed the following day through her Guardian ad litem, one Daniel Kihara Mwangi, she says that no prejudice shall be suffered if the 2 suits are to proceed separately since the Plaintiffs in the 2 suits are claiming under different capacities for the same land. She says that the Respondent herein is elderly, aged over 78 years old and of poor health and it is only fair that the suit herein be concluded and that this Application is a delaying tactic and also the Applicant is on a forum shopping presenting multiple suits in different Courts in different capacities expecting the same results.
I find it prudent that in view of the fact that the 2 suits are inter-related, the two should be heard together and since this suit has been concluded, further proceedings of the same should and shall be stayed pending the Hearing of Nyahururu ELC No. E01 of 2025 (OS) so that the Court will determine whether to give a consolidated Judgment or separate ones. Costs shall await the outcome of the suit. In other words, costs shall be in the cause.
Ruling Read and Delivered in Nyandarua this 20th Day of November 2025.
MUGO KAMAU
JUDGE
In the Presence of: -
Court Assistant: Samson.
Mr. Komu for the Plaintiff.
Mr. Gakenia for the Defendant.
| 2 |