The application is dated 29th November 2025 and is seeking the following orders;
1. This Application be certified urgent and heard ex- parte in the first instance.
2. The entire suit be consolidated with Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 and mentioned together with those matters on 15th January 2024 before Hon. Lady Justice C.A. Ochieng.
3. Costs.
It is based on the grounds that this suit, Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 all concern the ownership of all that land known as Land Reference No. 25957/1R. 215035/1 measuring 5.122 Ha. That unless this suit is consolidated with Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 there is a serious risk of embarrassment to the court in rendering conflicting decisions on the central issue in all the cases being the ownership of the Suit Property. That it is in the interest of justice that the application be granted.
This court has considered the application and the submissions therein. The jurisdiction to consolidate suits is provided by order 11 Rule 3 of the Civil Procedure Rules. In the case of Prem Lala Nahata & Anor vs Chandi Prasad Sikaria (2007) 2 Supreme Court Cases 551, the India Supreme Court held that;
“It cannot be disputed that the Court has power to consolidate suits in appropriate cases…. The main purposes of consolidation is therefore to save costs, time and effort and to make the conduct of several actions more convenient by treating them as one action. The jurisdiction to consolidate arises where there are two or more matters or causes pending in the court and it appears to the court that some common questions of law or fact arises in both or all the suits or that the rights or relief claimed in the suits are in respect or arise out of the same transactions or series of transactions; or that for some other reasons it is desirable to make an order consolidating the suit.”
In the case of Law Society of Kenya vs Center for Human Rights & Democracy & 12 Others (2014) eKLR, the Supreme Court of Kenya held that;
“The essence of consolidation is to facilitate the efficient and expeditious disposal of disputes and to provide a framework for a fair and impartial dispensation of justice to the parties. Consolidation was never intended to confer any undue advantage upon the party that seeks it, nor was it intended to occasion any disadvantage towards the party who opposes it.”
In Nyati Security Guards & Services Ltd vs Municipal Council of Mombasa (2000) eKLR, the court held that;
“The situations in which consolidation can be ordered include where there are two or more suits for matters pending in the same court where: -
a. Some common questions of law or fact arises in both or all of them.
b. The rights or reliefs claimed in them are in respect of the same transactions;
c. For some other reasons, it is desirable to make an order for consolidating them.”
The Court has a wide discretion in ordering consolidation. Consolidation will be ordered if there is a common question of law or fact in the suits, the reliefs or rights sought arise from the same or a series of transactions, or for any other reason such as for convenience, avoiding multiplicity of suits, expedition and in order to meet the overriding objective set out in the Civil Procedure Act, Cap 21 Laws of Kenya. The Applicant states that Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 all concern the ownership of all that land known as Land Reference No. that
The Respondent submitted that the said matters raised in Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 are distinct from the matters in this suit which involves allegations of fraud and unlawful transfer to the 2nd Defendant which is not the core issue in the other two cases. That Machakos ELC E048 of 2023 involves multiple Plaintiffs claiming specific plots based on separate sale agreements, whereas this suit seeks broader declarations over the entire property. Machakos ELC E047 of 2023 involves claim by Alamdi Company Ltd against the different defendants, focusing on trespass and possession, which differs from the contractual and fraud based claims therein. I have perused the pleadings in all these cases and find that they all concern all concern the ownership of all that land known as Land Reference No. 25957/1R. 215035/1 measuring 5.122 Ha. I find that the subject matter is the same and the parties are similar. Lack of consolidation may pose a risk the court in rendering conflicting decisions on the central issue in all the cases being the ownership of the Suit Property. I find that this application is merited and grant the same. Costs to be in the cause.
It is so ordered.
1. This Application be certified urgent and heard ex- parte in the first instance.
2. The entire suit be consolidated with Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 and mentioned together with those matters on 15th January 2024 before Hon. Lady Justice C.A. Ochieng.
3. Costs.
It is based on the grounds that this suit, Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 all concern the ownership of all that land known as Land Reference No. 25957/1R. 215035/1 measuring 5.122 Ha. That unless this suit is consolidated with Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 there is a serious risk of embarrassment to the court in rendering conflicting decisions on the central issue in all the cases being the ownership of the Suit Property. That it is in the interest of justice that the application be granted.
This court has considered the application and the submissions therein. The jurisdiction to consolidate suits is provided by order 11 Rule 3 of the Civil Procedure Rules. In the case of Prem Lala Nahata & Anor vs Chandi Prasad Sikaria (2007) 2 Supreme Court Cases 551, the India Supreme Court held that;
“It cannot be disputed that the Court has power to consolidate suits in appropriate cases…. The main purposes of consolidation is therefore to save costs, time and effort and to make the conduct of several actions more convenient by treating them as one action. The jurisdiction to consolidate arises where there are two or more matters or causes pending in the court and it appears to the court that some common questions of law or fact arises in both or all the suits or that the rights or relief claimed in the suits are in respect or arise out of the same transactions or series of transactions; or that for some other reasons it is desirable to make an order consolidating the suit.”
In the case of Law Society of Kenya vs Center for Human Rights & Democracy & 12 Others (2014) eKLR, the Supreme Court of Kenya held that;
“The essence of consolidation is to facilitate the efficient and expeditious disposal of disputes and to provide a framework for a fair and impartial dispensation of justice to the parties. Consolidation was never intended to confer any undue advantage upon the party that seeks it, nor was it intended to occasion any disadvantage towards the party who opposes it.”
In Nyati Security Guards & Services Ltd vs Municipal Council of Mombasa (2000) eKLR, the court held that;
“The situations in which consolidation can be ordered include where there are two or more suits for matters pending in the same court where: -
a. Some common questions of law or fact arises in both or all of them.
b. The rights or reliefs claimed in them are in respect of the same transactions;
c. For some other reasons, it is desirable to make an order for consolidating them.”
The Court has a wide discretion in ordering consolidation. Consolidation will be ordered if there is a common question of law or fact in the suits, the reliefs or rights sought arise from the same or a series of transactions, or for any other reason such as for convenience, avoiding multiplicity of suits, expedition and in order to meet the overriding objective set out in the Civil Procedure Act, Cap 21 Laws of Kenya. The Applicant states that Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 all concern the ownership of all that land known as Land Reference No. that
The Respondent submitted that the said matters raised in Machakos ELC E047 of 2023 and Machakos ELC E048 of 2023 are distinct from the matters in this suit which involves allegations of fraud and unlawful transfer to the 2nd Defendant which is not the core issue in the other two cases. That Machakos ELC E048 of 2023 involves multiple Plaintiffs claiming specific plots based on separate sale agreements, whereas this suit seeks broader declarations over the entire property. Machakos ELC E047 of 2023 involves claim by Alamdi Company Ltd against the different defendants, focusing on trespass and possession, which differs from the contractual and fraud based claims therein. I have perused the pleadings in all these cases and find that they all concern all concern the ownership of all that land known as Land Reference No. 25957/1R. 215035/1 measuring 5.122 Ha. I find that the subject matter is the same and the parties are similar. Lack of consolidation may pose a risk the court in rendering conflicting decisions on the central issue in all the cases being the ownership of the Suit Property. I find that this application is merited and grant the same. Costs to be in the cause.
It is so ordered.