Sofi’s Gallery Limited v Ananas Consolidated Group Limited (Environment and Land Case E037 of 2023) [2026] KEELC 869 (KLR)
The bottom line
#Kenya's Environment and Land Court merged two rent and eviction disputes over the same Nairobi premises into one case to avoid conflicting outcomes.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this suit should be consolidated with ELCLC E365 OF 2024
Key legal issues
#Whether the two suits should be consolidated
The application was allowed: the suits share common questions of law and fact, both turning on the tenancy of LR No. 1870/1/219, and consolidation would save judicial time and facilitate expeditious disposal.
The court noted that the fulcrum of both disputes is the tenancy agreement over LR No. 1870/1/219: the plaintiff here seeks damages for constructive/wrongful eviction, while the plaintiff in ELCLC E365 of 2024 seeks rent arrears, future rent and interest. Applying Order 11 Rule 3(1)(h) and the Supreme Court's consolidation principles, the court found common questions of law and fact and held that hearing the related matters together would save judicial time and facilitate efficient and expeditious disposal. The court associated itself with the cited decisions and found the motion merited.
Legal principles established
#- Consolidation of suits will be ordered where there are common questions of law or fact and it is desirable that related matters be disposed of at the same time
- Consolidation must not confer an undue advantage on the applicant nor occasion disadvantage to the opponent
Court orders
#- 1.The Notice of Motion dated 27th June 2025 is allowed and this suit is consolidated with ELCLC E365 of 2024 Ananas Consolidated Group Limited v Sofi's Gallery Limited & Tomoca Coffee Kenya Limited, to be heard together
- 2.Costs of the application to be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 11 Rule 3(1)(h) and (i) of the Civil Procedure Rules (case management powers to consider consolidation of suits)
- Consolidated with
- ELCLC E365 of 2024 – Ananas Consolidated Group Limited v Sofi's Gallery Limited & Tomoca Coffee Kenya Limited
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Based on the facts as presented while relying on the legal provisions I have quoted and associating myself with the cited decisions, at this juncture I find that consolidation of these suits is necessary.
It is against the foregoing that I find the instant application merited and will allow it.
Consolidation of suits or appeals will be ordered where there are common questions of either law or fact in two or more suits or appeals and where it is desirable that all the related matters be disposed of at the same time.
Costs will be in the cause.
Issues in the judgment
#The names of the parties are not printed in the judgment, which refers only to 'Plaintiff' and 'Defendant'; the plaintiff's identity must be inferred from the referenced suit
Two prayer clauses are both lettered 'd)' in the judgment
The court does not restate formal final orders in a numbered disposition; the operative finding and costs order appear in short closing paragraphs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sofi’s Gallery Limited v Ananas Consolidated Group Limited (Environment and Land Case E037 of 2023) [2026] KEELC 869 (KLR)", Case Analysis (2026). Notice of Motion dated 27th June 2025 (suit to be consolidated with ELCLC E365 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/869/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.