Mariam Said Musa v Miraj Mustafa & 1 other

The respondents were primary parties in the kadhi's succession cause and had prevailed there, earning awards over the suit property. Any appeal against the kadhi's orders necessarily affected them. A consent whose effect is to dispose of an entire suit adversely to other parties can only be valid if those parties are involved; that principle applies regardless of whether their joinder was itself disputed, since that was an issue for determination on appeal.

Consolidation is guided by Order 11 Rule 3(1) of the Civil Procedure Rules and case law; the key considerations are common questions of law or fact and the interests of justice and procedural efficiency. Both appeals arose from the same kadhi's succession cause and judgment. On transfer, the single High Court enjoys unlimited geographical jurisdiction notwithstanding section 18 of the Civil Procedure Act, so one station may direct another to hear a matter where the ends of justice are better served.

An order for security for costs requires demonstration that the party against whom it is sought is not resident in Kenya, is of no fixed abode, is a flight risk, cannot or will not pay costs, or that its case is vexatious or frivolous. The appellant adduced nothing sufficient on any of these grounds, so the judge's discretionary dismissal disclosed no error warranting appellate interference.

The ruling under challenge was confined to stay of consent orders, consolidation and security for costs. Questions of the kadhi's jurisdiction and whether his orders were res judicata or sub judice are substantive issues that must be canvassed at the hearing of the appeals against the kadhi's ruling and orders, and could not properly be resolved on the interlocutory applications before the judge.