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ELCAllowedLand Case E055 & 3 of 2024 (Consolidated)· [2026] KEELC 3837 (KLR)

Jozef & another v Kizondo & 3 others (Land Case E055 & 3 of 2024 (Consolidated)) (16 June 2026) (Directions) [2026] KEELC 3837 (KLR)

Environment and Land Court
16 June 2026
LNL.L Naikuni
3,600 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~14 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kwale merged two land-sale lawsuits into one, freezing any dealings with the disputed Tiwi Beach properties until the case is decided.

What this practically means

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Executive summary

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This is a directions ruling by L.L Naikuni, J of the Environment and Land Court at Kwale in two consolidated suits arising from a failed land sale transaction over Land Parcel No. Kwale/South Tiwi Beach/50 and the collateral property Kwale/Tiwi Beach Block/393. The Plaintiffs (Van den Brande Jozef and J & S Investments Limited) filed ELCLC/3/2024 at Mombasa against the 1st Defendant and their former advocates, seeking declarations of breach, transfer of the collateral property, specific performance, or alternatively a refund of Kshs. 16,500,000/-, and general damages. They later filed ELCLC/E055/2024 at Kwale against the 1st Defendant and three others, adding claims of a fraudulent title, breach of an alleged Agency Agreement of 6th April 2024, and a further Kshs. 2,000,000/- paid for lease renewal, seeking a vesting order over the collateral and a permanent injunction. The Defendants admitted the sale agreement but pleaded estoppel, illegality, unclean hands, and a full refund, and flagged a preliminary objection on abuse of process. The court framed a single issue: whether the two suits should be consolidated. Applying Section 80(h) of the Civil Procedure Act, Order 11 Rule 3(1)(h) of the Civil Procedure Rules, 2010, and the principles in Joseph Okoyo and Law Society of Kenya v Centre for Human Rights & Democracy, the court found common questions of law and fact, the same transaction, the same parties, and no prejudice. It consolidated the suits, made E055/2024 the lead file, allowed an amended pleading regime, vacated the scheduled hearing, directed an inhibition over the suit properties, and made costs in the cause.

Key legal issues

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Whether ELCLC/3/2024 and ELCLC/E055/2024 should be consolidated

Holding

Yes. The two suits arise from the same sale transaction over Land Parcel No. Kwale/South Tiwi Beach/50, the security arrangement over Kwale/Tiwi Beach Block/393, share the same Plaintiffs and 1st Defendant and the same advocates, and are at comparable procedural stages. Consolidation serves the overriding objective and avoids inconsistent findings.

Reasoning

Applying Section 80(h) of the Civil Procedure Act and Order 11 Rule 3(1)(h) of the Civil Procedure Rules, 2010, and the three parameters for consolidation (common questions of law or fact; rights or reliefs arising out of the same transaction; absence of prejudice or undue advantage), the court found the suits duplicative. The Defendants' own statement of defence acknowledging a similar pending suit and flagging abuse of process fortified the finding. Guided by Joseph Okoyo and Law Society of Kenya, the court held consolidation would enable one coherent determination without prejudice.

p. 6

Legal principles established

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  • Suits may be consolidated where they raise common questions of law or fact, arise out of the same transaction or series of transactions, and consolidation will not prejudice any party.

Court orders

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  1. 1.The two suits, ELCLC/3/2024 and ELCLC/E055/2024, be and are hereby consolidated pursuant to Section 80(h) of the Civil Procedure Act and Order 11 Rule 3 of the Civil Procedure Rules, 2010
  2. 2.The file ELCLC/E055/2024 be the lead file where all filings of pleadings will be done and proceedings recorded
  3. 3.The Plaint in ELCLC/3/2024 be deemed as incorporated within the consolidated proceedings in ELCLC/E055/2024, and the Plaintiffs may file a consolidated or amended Plaint within twenty-one (21) days, failing which the existing Plaint in ELCLC/E055/2024 shall stand as the operative pleading
  4. 4.The Defendants shall, within twenty-one (21) days of service of any amended Plaint or from the date of the directions (whichever is applicable), file and serve a consolidated or amended Statement of Defence
  5. 5.The matter be mentioned on 21st July, 2010 for further directions and fixing of a hearing date within the next one hundred and eighty (180) days before ELC No. 2, Kwale
  6. 6.The scheduled hearing of 7th July, 2026 be and is hereby vacated
  7. 7.An order directing the Land Registrar, Kwale County, to register an inhibition against Land Parcels Nos. Kwale/Tiwi Beach Block/50 and Kwale/Tiwi Beach Block/393 pending the hearing and final determination of the consolidated suit
  8. 8.Costs of and incidental to these directions shall be in the cause
Jurisdiction invoked
Sections 1, 1A, 3, 3A of the Civil Procedure Act, Cap. 21; Section 3 of the Environment and Land Court Act, No. 19 of 2011; Section 101 of the Land Registration Act, No. 3 of 2012; Sections 128 and 150 of the Land Act, No. 6 of 2012

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, "Jozef & another v Kizondo & 3 others (Land Case E055 & 3 of 2024 (Consolidated))  (16 June 2026) (Directions) [2026] KEELC 3837 (KLR)", Case Analysis (2026). Land Case E055 & 3 of 2024 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3837/eng@2026-06-16

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