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ELCAllowedNotice of Motion dated 27th June 2025 (suit to be consolidated with ELCLC E365 of 2024)· [2026] KEELC 869 (KLR)

Sofi’s Gallery Limited v Ananas Consolidated Group Limited (Environment and Land Case E037 of 2023) [2026] KEELC 869 (KLR)

Environment and Land Court
19 February 2026
COChristine Ochieng
1,567 words in judgment
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The bottom line

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Kenya's Environment and Land Court merged two rent and eviction disputes over the same Nairobi premises into one case to avoid conflicting outcomes.

What this practically means

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Executive summary

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The Environment and Land Court at Nairobi, per Christine Ochieng J, ruled on the Plaintiff's Notice of Motion dated 27th June 2025 seeking consolidation of the present suit with ELCLC E365 of 2024 (Ananas Consolidated Group Limited v Sofi's Gallery Limited & Tomoca Coffee Kenya Limited) and that the suits be heard together. Both disputes arise from a five-year and one-month tenancy commencing 1st January 2020 over Ananas Mall, ground floor, on LR No. 1870/1/219. The Plaintiff, which ran a furniture retail and coffee bistro business on the premises, seeks damages for constructive and wrongful eviction; Ananas Consolidated Group Limited in ELCLC E365 of 2024 seeks outstanding rent, future rent and interest. The Plaintiff, through director Amir Yusuf, argued the suits raise identical facts and issues, with the defence in one constituting the cause of action in the other, and that consolidation would promote judicial economy and prevent inconsistent findings. The Defendant, through director Yaacov Maimon, opposed, relying on a Ruling of Mbogo CJ delivered on 22nd May 2025 in ELCLC E365 of 2024 that found the issues dissimilar, and arguing that consolidation was a ploy to forestall interlocutory judgment it had sought after the Plaintiff failed to file a defence. Applying Order 11 Rule 3(1)(h) of the Civil Procedure Rules and consolidation principles from the Supreme Court in Omoke v Kenyatta and Law Society of Kenya v Centre for Human Rights & Democracy, the court found common questions of law and fact, held consolidation necessary to save judicial time and facilitate expeditious disposal, allowed the application, and ordered costs in the cause. Judgment dated 19th February 2026.

Key legal issues

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Whether the two suits should be consolidated

Holding

The application was allowed: the suits share common questions of law and fact, both turning on the tenancy of LR No. 1870/1/219, and consolidation would save judicial time and facilitate expeditious disposal.

Reasoning

The court noted that the fulcrum of both disputes is the tenancy agreement over LR No. 1870/1/219: the plaintiff here seeks damages for constructive/wrongful eviction, while the plaintiff in ELCLC E365 of 2024 seeks rent arrears, future rent and interest. Applying Order 11 Rule 3(1)(h) and the Supreme Court's consolidation principles, the court found common questions of law and fact and held that hearing the related matters together would save judicial time and facilitate efficient and expeditious disposal. The court associated itself with the cited decisions and found the motion merited.

p. 4

Legal principles established

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  • Consolidation of suits will be ordered where there are common questions of law or fact and it is desirable that related matters be disposed of at the same time
  • Consolidation must not confer an undue advantage on the applicant nor occasion disadvantage to the opponent

Court orders

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  1. 1.The Notice of Motion dated 27th June 2025 is allowed and this suit is consolidated with ELCLC E365 of 2024 Ananas Consolidated Group Limited v Sofi's Gallery Limited & Tomoca Coffee Kenya Limited, to be heard together
  2. 2.Costs of the application to be in the cause
Jurisdiction invoked
Order 11 Rule 3(1)(h) and (i) of the Civil Procedure Rules (case management powers to consider consolidation of suits)

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, "Sofi’s Gallery Limited v Ananas Consolidated Group Limited (Environment and Land Case E037 of 2023) [2026] KEELC 869 (KLR)", Case Analysis (2026). Notice of Motion dated 27th June 2025 (suit to be consolidated with ELCLC E365 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/869/eng@2026-02-19

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