[2024] KEELC 13830 (KLR)
The court determined that although Petition 6 of 2015 and ELC No E026 of 2020 involve overlapping parties, facts, and reliefs—particularly regarding the allocation and ownership of Plot No. 5466—they are procedurally and substantively distinct. Consolidation is not appropriate as the matters cannot be merged due to...
Source-derived case information.
- Citation
- [2024] KEELC 13830 (KLR)
- Parties
- Plaintiff: Tugboat Enterprises Limited & 11 others; Defendant: Rashid Kajela Ngolo & 12 others; Interested Party: Sammy Ramadhan Chembe (Official Suing on behalf of Casuarina Self Help Group)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E026 of 2020
- Procedural Posture
- Environment and Land Appeal / Ruling on Consolidation and Case Management
- Outcome
- The court declined to consolidate the petition and the civil suit but directed that they be heard concurrently. Costs in the cause.
- Judges
- EK Makori
- Legal Topics
- Joinder of Parties, Consolidation of Suits, Land Adjudication, Title Nullification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tugboat Enterprises Limited & 11 others
Plaintiff
Rashid Kajela Ngolo & 12 others
Defendant
Sammy Ramadhan Chembe (Official Suing on behalf of Casuarina Self Help Group)
Interested Party
Procedural Posture
Environment and Land Appeal / Ruling on Consolidation and Case Management
Legal Issues
- 1 Whether the petition and the civil suit should be consolidated or heard concurrently.
- 2 Whether there are common questions of law and fact between Petition 6 of 2015 and ELC No E026 of 2020.
- 3 Whether the delay in disposal of the petition is justified.
Ratio Decidendi
The court determined that although Petition 6 of 2015 and ELC No E026 of 2020 involve overlapping parties, facts, and reliefs—particularly regarding the allocation and ownership of Plot No. 5466—they are procedurally and substantively distinct. Consolidation is not appropriate as the matters cannot be merged due to their different procedural postures (petition versus civil suit). However, to promote judicial efficiency, avoid conflicting orders, and ensure coherent adjudication, the court directed that the two matters be heard concurrently. The court also expressed concern over the inordinate delay in the disposal of the petition, emphasizing the need for expeditious proceedings in line...
Court Disposition
The court declined to consolidate the petition and the civil suit but directed that they be heard concurrently. Costs in the cause.
Orders
- Petition 6 of 2015 and ELC No E026 of 2020 shall be heard concurrently.
- No consolidation of the two matters is ordered.
Full Case Text
Judgment text and source record
24 paragraphs
Tugboat Enterprises Limited & 11 others v Ngolo & 12 others; Chembe (Official suing on behalf of Casuarina Self Help Group) (Interested Party) (Environment and Land Appeal E026 of 2020) [2024] KEELC 13830 (KLR) (10 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13830 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment and Land Appeal E026 of 2020
EK Makori, J
December 10, 2024
Between
Tugboat Enterprises Limited & 11 others & 11 others
Plaintiff
and
Rashid Kajela Ngolo & 12 others & 12 others
Defendant
and
Sammy Ramadhan Chembe (Official Suing on behalf of Casuarina Self Help Group)
Interested Party
Ruling
1. My brother Njoroge J. already discussed the Notice of Motion dated 14th March 2023, and after adequately reviewing the applicable principles on joinder, which I need not state here, he concluded:“Consolidation will only be ordered if there is a common question of law and fact in the suits, the reliefs or rights sought arise from the same or series of transactions, or for any other reason such as for convenience and to avoid a multiplicity of suits.……There is a mention of Plot No. 5466 both in the amended Petition and the Counterclaim. The basis of relief(s) sought in the counterclaim appears to be similar to the fact raised and the relief(s) sought in the Petition. It is evident, therefore, that some common questions of law and fact may arise in both suits, and the determination of one may, in one way or another, affect the other suits to some extent.I have, however, noted that as the Petition is pending before my brother Justice E. Makori sitting in this station, and that it is an old matter, and being seized of the matter is able to give proper directions as to consolidation.”
2. I have looked at Petition 6 of 2015, which seeks to nullify allocations made to the Respondents in an adjudication to the detriment of the Petitioners. They say this was fraudulent, discriminatory, and unconstitutional.
3. ELC No E026 of 2020 seeks almost similar prayers. We will discuss how the Plaintiffs acquired their titles. The counterclaim seems to take us back to the prayers sought in the petition.
4. It is crucial to note that the petition and the civil suit herein cannot be merged. However, to ensure the efficient use of time and to avoid a conflict of orders, it is advisable to have the two matters heard concurrently.
5. However, I must express my concern about the delay in the disposal of the petition since 2015. Ideally, a petition should be disposed of within a year, and it is important to address this delay.
6. Costs in the cause.
DATED SIGNED AND DELIVERED VIRTUALLY THIS 10THDAY OF DECEMBER 2024. E. K. MAKORIJUDGEIn the Presence of:Mr. Otara & Ms. Metto for the 1st DefendantsMs. Mugambi H/B for Mr.Kiarie for the PlaintiffsMr. Ole Kina, for the Respondents in Petition. No. 6 of 2015Abdrashid: Court AssistantELCA NO. 26 OF 2020 Page 2 of 2