https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4027

Woodview Ltd & another v Siraj & 8 others (Environment and Land Case E015 of 2023) [2026] KEELC 4027 (KLR) (2 July 2026) (Ruling) Neutral citation: [2026] KEELC 4027 (KLR) Republic of Kenya In the Environment and Land Court at Machakos Environment and Land Case E015 of 2023 NA Matheka, J July 2, 2026 Between Woodview Limited 1st Plaintiff Athilands Company Limited 2nd Plaintiff and Ibrahim Bajir Siraj 1st Defendant Jeremiah Mulwa Mbatha 2nd Defendant Mohamed Jumale Awale alias Mohamud Jumale Awale 3rd Defendant Skyview Academy Limited 4th Defendant Cosmos Academy Limited 5th Defendant Stephen Odongo Ambani 6th Defendant The Director of Surveys 7th Defendant The Chief Land Registrar 8th Defendant The National Land Commission 9th Defendant Ruling 1.The application is dated 25th September 2025 and is brought under Article 159(1) and (2) of the Constitution, Sections 1A, 1B and 80(h) of the Civil Procedure Act, Sections 3 and 19 of the Environment and Land Court Act, Section 101 of the Land Registration Act and Section 150 of the Land Act seeking the following orders;1.That, this application be certified urgent and service be dispensed with in the first instance.2.That this Honourable Court be pleased to issue an order consolidating the instant suit with ELC 43 of 2018; Jimnah Mwangi Mbaru vs. Julius Kimware & 10 Others.3.That this Honorable Court does make such other orders as it may deem fit, necessary and expedient in the interest of justice.4.That the costs of this application be provided for. 2.The application is premised on the annexed affidavit of Mohamud Jumale Awale and the following grounds that, the present suit seeks inter alia a declaration that Survey Plan F/R No. 385/76 be declared illegal, null and void and be cancelled from the survey record. The Plaintiffs purport that Survey Plan F/R No. 385/76 was used to amalgamate LR Nos. 12610/28-32 and thereafter subdivide the amalgamated parcel into subplots LR Nos. 12610/91-165. That, the Plaintiffs purport to be the registered lessees from the Government of all that piece situate North East of Mavoko Sub-County in Machakos County being LR No. 12610/48 and 12610/49 as delineated on Land Survey Plan Numbers 168063 and 168064 respectively. That, the Plaintiffs allege that the Applicants herein used already cancelled Deed Plans to recreate a forged land survey plan being F/R No. 215/93, which was subsequently used to create a series of illegal and false titles of land. That, there is also filed before this Honourable Court another suit being ELC No. 43 of 2018; Jimnah Mwangi Mbaru vs. Julius Kimwere & 10 Others seeking inter alia a declaration that the Certificate of Title No. LR 12610/164 is fraudulent. From the pleadings, the impugned parcel of land LR 12610/164 was created vide cadastral surveyplan F/R No. 385/76. That, in ELC No. 43 of 2018; Jimnah Mwangi Mbaru vs. Julius Kimwere & 10 Others, the Plaintiff allege to be the registered owner of Land Reference Numbers 12610/50, 12610/51 and 12610/52 which has been controverted. The Plaintiff allege that the Defendants created a fake title being LR 12610/164 over LR 12610/52. That, in ELC No. 43 of 2018; Jimnah Mwangi Mbaru vs. Julius Kimwere & 10 Others, Mr. Edward Kiguru has sworn a witness statement and an affidavit indicating that he undertook a subdivision survey in December 1990 involving LR 12610/21-22 into LR No. 12610/27- 46 vide the authenticated Survey Plan No. F/R 215/93 which appears to be in contention in the present suit. That, Mr. Edward Kiguru further states that he later on came to learn of a subdivision survey involving LR Nos. 12610/23-28 giving rise to LR Nos. 12610/47-53 which he purportedly carried out in October 1992. He has denied ever carrying out the purported survey. That, from the foregoing, it is clear that survey plan F/R No. 385/76 is at the heart of these two suits. That, for proper administration of justice, this matter ought to be consolidated with ELC No. 43 of 2018; Jimnah Mwangi Mbaru vs. Julius Kimwere & 10 Others to enable this Honourable Court decide the common questions of fact and law that arise in both suits and to enable the court resolve the disputes with finality and to avoid contradictory findings. That, ELC No. 43 of 2018; Jimnah Mwangi Mbaru vs. Julius Kimwere & 10 Others has not substantively progressed as parties are still in the Plaintiff's case with only two witnesses having already testified. The case is scheduled for further hearing on 3rd November 2025. That, no party will be prejudiced by the consolidation of the suits. 3.The Plaintiff is the suit, ELC No. 43 of 2018, stated that his suit concerns his proprietary interest in and ownership of Land Reference Numbers 12610/50, 12610/51 and 12610/52, situated within Mavoko Sub-County, Machakos County. That his claim herein is for trespass, fraud, and waste perpetrated by the Defendants who unlawfully occupied portions thereof and fabricated a false title known as LR 12610/164 purporting to derive from LR 12610/52. 4.That his suit has been in active hearing since 2018. That he personally testified and was cross-examined at length over two years ago, and crucial documentary evidence including correspondence with the Chief Land Registrar and the Directorate of Criminal Investigations has already been produced and admitted in evidence. The Plaintiff's case is therefore substantially advanced. That during pre-trial directions, all parties were afforded the opportunity to raise interlocutory matters. The very counsel now seeking consolidation was already fully aware of these proceedings, having represented some Defendants herein. Yet no such issue was ever raised before trial commenced. The present attempt to resurrect it now is therefore procedurally dishonest and calculated to derail the hearing. 5.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.” 6.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.” 7.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.” 8.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. I have perused the pleadings in Machakos ELC Case Nos. 43 of 2018 and ELC Case No. 15 of 2023 and I find that the suit, ELC No. 43 of 2018, concerns proprietary interest in and ownership of Land Reference Numbers 12610/50, 12610/51 and 12610/52, situated within Mavoko Sub-County, Machakos County. The claim is for trespass, fraud, and waste perpetrated by the Defendants who unlawfully occupied portions thereof and fabricated a false title known as LR 12610/164 purporting to derive from LR 12610/52. 9.The suit sought to be consolidated, namely ELC Case No. 15 of 2023, is a dispute in which the Plaintiffs therein, Woodview Limited and Athilands Company Limited, claim to be the registered proprietors of LR 12610/48 and LR 12610/49, and seek a declaration that a particular survey plan known as F/R 385/76 be declared illegal and void for allegedly amalgamating and subdividing different parcels, namely LR 12610/28-32, into subplots LR 12610/91-165. The parties in ELC No. 15 of 2023 are different and the Defendants include private individuals, companies such as Skyview Academy Limited and Cosmos Academy Limited, a surveyor (Stephen Odongo Ambani), and government offices such as the Chief Land Registrar, the Director of Surveys, and the National Land Commission. 10.The claim in ELC No. 43 of 2018 arises from a title known as LR 12610/164 superimposed over LR 12610/52, whereas the Plaintiffs in ELC 15 of 2023 challenge the legality of F/R 385/76 in respect of parcels 12610/28-32 leading to the creation of titles 12610/91-165. The contention by the Applicant that both suits revolve around the same cadastral survey plan do not make them the same. 11.I concur with submissions by the Respondents and I find that the parties and the subject matter is different and hence the same cannot be consolidated with the other two matters. I find that the application is unmerited and I dismiss it with costs.It is so ordered. DELIVERED, DATED AND SIGNED AT MACHAKOS THIS 2ND DAY OF JULY 2026.N.A. MATHEKAJUDGE