Ndatani Enterprise Limited & 22 others v Kombo & 78 others (Environment and Land Case E002 of 2025) [2026] KEELC 592 (KLR)
The bottom line
#The Environment and Land Court in Mombasa refused to strike out a land dispute, instead joining two suits over the same plot into one trial.
What this practically means
#Executive summary
#Key legal issues
#Whether this suit should be stayed or struck out as sub judice or an abuse of process given ELC No. E148 of 2021
The application was dismissed; the suits raise common questions of law and fact on the same parcel and were consolidated for trial instead of being stayed or struck out
The court found two competing claims over the same parcel - one asserting ownership by registration, the other by adverse possession - capable of being disposed of together. The plaintiffs in this suit were not parties to the earlier suit when they filed, having been served only after instituting it. Finding common questions of law and fact, identical evidence and witnesses, and no prejudice to any party, the court exercised its discretion to consolidate rather than stay or strike out.
Whether consolidation was appropriate
Yes; consolidation under Order 11 Rule 3(h) facilitates expeditious disposal and no party would suffer prejudice
Relying on the Supreme Court's guidance in Law Society of Kenya v Centre for Human Rights and Democracy, the court was satisfied that the suits turn on similar issues concerning the disputed property, the same evidence and witnesses would be deployed, orders in one suit would bear on the other, and no injustice would be occasioned. It therefore consolidated the suits of its own motion with ELC No. E148 of 2021 as the lead file.
Who shall bear the costs of the application
Costs in the cause, notwithstanding the general rule that costs follow the event
Although the defendants were unsuccessful and costs ordinarily follow the event under Section 27 of the Civil Procedure Act, the court considered that it decided to consolidate the two suits on its own motion rather than on the application, and therefore directed that costs be in the cause.
Legal principles established
#- Consolidation of suits is intended to facilitate efficient and expeditious disposal of disputes where they turn on the same or similar issues and no injustice is occasioned
- Costs follow the event in accordance with Section 27 of the Civil Procedure Act unless the court, for good reason, directs otherwise
Court orders
#- 1.The 1st to the 75th defendants' application dated 25.04.2025 is dismissed
- 2.An order consolidating ELC No E148 of 2021 and ELCLC E002 of 2025 for trial and disposal
- 3.The case file ELC No. E148 of 2021 shall be the lead file where all the proceedings shall henceforth be recorded
- 4.The consolidated suits to be mentioned on 17.02.2026 for directions on trial
- 5.The costs of the application shall be in the cause
- Jurisdiction invoked
- Original jurisdiction under the Environment and Land Court Act; Civil Procedure Act (Sections 1A, 1B, 3A, 6, 27) and Civil Procedure Rules (Order 2 Rule 15, Order 11 Rule 3(h), Order 51 Rule 1)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndatani Enterprise Limited & 22 others v Kombo & 78 others (Environment and Land Case E002 of 2025) [2026] KEELC 592 (KLR)", Case Analysis (2026). ELCLC E002 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/592/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.