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ELCPartially AllowedNot stated in the judgment (consolidated with Malindi ELCLC No E011 of 2026)· [2026] KEELC 2821 (KLR)

Kata v Monti t/a City Seven Investments Limited (Environment and Land Case E054 of 2024) [2026] KEELC 2821 (KLR)

Environment and Land Court of Kenya
12 May 2026
MNMwangi Njoroge
1,181 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This is a first-instance consolidation ruling by the Environment and Land Court at Malindi. The Notice of Motion dated 27th January 2025 (referred to elsewhere as 27/1/26) sought consolidation of the present suit with Malindi ELCLC No E011 of 2026, with costs in the cause. The applicant contended that both suits concern ownership, validity of title and occupation of land parcels arising from Chembe Kibabamshe, including parcels 2646, 414, 708 and 709, with substantially the same parties. The plaintiff opposed, arguing that E011 of 2026 had been disposed of in Malindi ELC No 2 of 2004 between the same parties, that a consent order had fully resolved that matter, and that consolidation of a concluded suit would offend res judicata and functus officio. Relying on section 7 of the Civil Procedure Act and the Court of Appeal's decision in Johnson Kinyua Gichigi v Francis Mugo Kangure, the court acknowledged that a consent judgment is as binding as one after trial, but perused both original court records and found no judgment, consent or closing order in E011 of 2026, which contained only a plaint. The plaintiff's res judicata claim was unsupported by evidence. Finding that Samuel Kanogo Ritho, plaintiff in E011 of 2026, claims plot 414, and that the present suit concerns parcels 2646 and 414 with overlapping parties, the court held the suits inextricably intertwined. The application was allowed; the present suit is the lead file; trial bundles are to be filed within 21 days and pretrials set for 17th June 2026, with Malindi HCCC 2 of 2004 listed alongside.

Key legal issues

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01

Whether consolidation of the two suits was proper

Holding

Consolidation allowed; the suits concern the same Chembe/Kibabamshe parcels and overlapping parties, with a risk of conflicting decisions if heard separately

Reasoning

The court perused both original court records and found no judgment, consent or closing order in Malindi ELCLC No E011 of 2026, rejecting the plaintiff's res judicata objection which was unsupported by evidence. Since Samuel Kanogo Ritho, the plaintiff in E011 of 2026, claims plot 414 and the present suit concerns parcels 2646 and 414 involving the same parties, the disputes are intertwined and best resolved in one hearing, with the present suit as lead file.

p. 3
02

Whether res judicata barred consolidation

Holding

The objection failed because the plaintiff provided no evidence that E011 of 2026 had been disposed of in HCCC 2 of 2004; the records showed otherwise

Reasoning

Section 7 of the Civil Procedure Act bars trying a matter already finally decided between the same parties. The court examined both original files and found E011 of 2026 to be new litigation with only a plaint filed and nothing else on the file. The plaintiff's assertion that the suit was disposed of in HCCC 2 of 2004 was made without any substantiating evidence, so the twin doctrines of res judicata and functus officio were not established as barriers to consolidation.

Legal principles established

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  • Consolidation is only available for pending suits; a suit in which judgment has been entered, whether after trial or by consent, cannot be consolidated
  • Where two suits concern the same land parcels and overlapping parties, they should be consolidated to avoid conflicting decisions and wasted judicial time

Court orders

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  1. 1.The application dated 27/1/26 is allowed in terms of prayers nos 3 and 4 thereof
  2. 2.The present suit shall be the lead file; the suits are consolidated for hearing and determination
  3. 3.Parties shall file documents in their respective files; witnesses shall testify only once addressing their respective cases in both files
  4. 4.All witness statements shall be comprehensive and cross-reference the intended exhibits and their location in the bundles
  5. 5.Parties shall file and serve their trial bundles within 21 days in both files
  6. 6.Both matters listed on 17th June 2026 for pretrials
  7. 7.On the same date, Malindi HCCC 2 of 2004 shall be listed for hearing and brought up alongside the two files
  8. 8.A copy of the ruling to be placed in Malindi HCCC 2 of 2004
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court over suits concerning land parcels within its station; consolidation under the Civil Procedure Act framework

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, "Kata v Monti t/a City Seven Investments Limited (Environment and Land Case E054 of 2024) [2026] KEELC 2821 (KLR)", Case Analysis (2026). Not stated in the judgment (consolidated with Malindi ELCLC No E011 of 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2821/eng@2026-05-12

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