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ELCDismissedEnvironment & Land Case E006 of 2022· [2022] KEELC 12676 (KLR)

Nato v Lomong'in

Environment and Land Court
22 September 2022
EOE. O. Obaga
1,110 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled that sharing the same land is not enough to merge two lawsuits—they must also seek the same remedies.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Eldoret (E. O. Obaga, J) determined a notice of motion dated March 17, 2022 in which the applicant, Shadrack Ngimero Nato, sought the transfer of Eldoret CMCC E&L Cause No 190 of 2019 (Peter Nato Lomong'in v Shadrack Ngimero Nato & Rebecca Akuor) to the ELC for consolidation with the present originating summons, with the present case to serve as the lead file. The applicant argued that both suits concern Uasin Gishu/Kimumu Settlement Scheme/4571, raise common issues of law and fact, and would involve duplicated evidence if heard separately, with no prejudice to the respondent. The respondent opposed, contending the application was an abuse of process given a counter-claim already filed in the lower court suit, that the present suit offended section 6 of the Civil Procedure Act, that an interested party in the lower court matter was absent from this suit, and that an appeal from the lower court was already pending before the ELC. The court framed a single issue: whether consolidation was desirable. Distilling principles from Stumberg v Portgeiter, the Supreme Court's decision in Law Society of Kenya v Centre for Human Rights and Democracy, and Nyati Security Guards, it held that consolidation requires suits pending in the same court, common issues, and desirability without advantage to either party. Although the subject matter was identical, the reliefs differed, the suits were in different courts, and no conflicting judgments would arise. The application was dismissed with costs to the respondent.

Key legal issues

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01

Whether it is desirable to consolidate the two suits

Holding

The application for consolidation was dismissed; the suits share the same subject matter but different reliefs, are pending in different courts, and an appeal from the lower court case is already pending before the ELC.

Reasoning

The court distilled principles from Stumberg v Portgeiter, the Law Society of Kenya Supreme Court decision and Nyati Security Guards: consolidation suits cases in the same court, with common issues of law or fact, serving efficiency without conferring advantage. Here the suits are in different courts, reliefs differ, and no conflicting judgments would arise, so separate hearings were preferable.

p. 3

Legal principles established

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  • Consolidation is meant for cases pending before the same court, must facilitate efficient and expeditious disposal, require common issues of law and fact, and must not benefit the applicant or disadvantage the opponent

Court orders

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  1. 1.The applicant's notice of motion dated March 17, 2022 seeking consolidation is dismissed
  2. 2.Costs of the application awarded to the respondent

Authorities

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Legislation

  • Civil Procedure Actsection 6

Cases cited (3)

  • Stumberg and another v Portgeiter
    (1970) EA 322

    Consolidation appropriate where common questions of law or fact make simultaneous disposal desirable.

  • Law Society of Kenya v The Centre for Human Rights and Democracy
    Petition No 14 of 2013

    Consolidation facilitates efficient, expeditious and fair disposal; it must not advantage or disadvantage either party.

  • Nyati Security Guards & Service Ltd v Municipal Council of Mombasa
    (2004) eKLR

    Situations in which consolidation may be ordered: common questions, same transaction, or desirability.

Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes in Uasin Gishu/Kimumu Settlement Scheme/4571; transfer/consolidation under civil procedure provisions invoked by the applicant

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nato v Lomong'in", Case Analysis (2022). Environment & Land Case E006 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/12676/eng@2022-09-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.