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ELCPartially AllowedKakamega ELC (number not stated on record)

Likoko v Mongare t/a Tenderwood Industries Ltd & another (Environment and Land Case E004 of 2024) [2026] KEELC 928 (KLR)

Environment and Land Court
11 February 2026
1,097 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan land court refused to merge two lawsuits over the same property, saying one case was enough, but allowed extra documents and witnesses.

What this practically means

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Executive summary

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The plaintiff moved the ELC at Kakamega by notice of motion dated 26th May 2025 seeking (a) consolidation of the present suit with Kakamega ELC No. E008 of 2025, (b) leave to file a further list of documents and witnesses, and (c) costs in the cause. The application, supported by the plaintiff's affidavit, was unopposed. The plaintiff argued that both suits concern the same land parcel, Isukha/Shirere/6101, that he is plaintiff in one and the defendant is 2nd defendant in the other, and that consolidation would save judicial time and prevent conflicting decisions. He also wished to rely on a ruling in Kakamega HCC Succession Cause No. 730 of 2010. The court framed two issues: consolidation and leave to file further documents. On consolidation, citing Joseph Okoyo v Edwin Dickson Wasuna, Korean United Church of Kenya v Seng Ha Sang and Law Society of Kenya v Centre for Human Rights and Democracy, the court held that consolidation serves efficiency and must not confer undue advantage. It declined consolidation, observing that two suits by the same plaintiff over the same subject matter would only confuse and convolute issues, that no legal justification was given for a second suit, and that the subsequent suit was sub judice under section 6 of the Civil Procedure Act. The unopposed nature of the application did not relieve the applicant of the duty to justify consolidation. On the second prayer, the court granted leave to file and serve a further list of documents, witnesses and witness statements within 14 days, since no prejudice would arise before hearing. Application allowed only in part.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this matter ought to be consolidated with Kakamega ELC NO. E008 of 2025 for hearing and determination
  2. 2.Whether the plaintiff should be granted leave to file further list of documents and witness statements

Key legal issues

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01

Consolidation of two suits filed by the same plaintiff over the same subject matter

Holding

Consolidation was declined because the two suits involve the same facts, parties, subject matter and issues, and the plaintiff failed to justify maintaining two suits

Reasoning

The court applied the principles that consolidation serves the overriding objective of expeditious and cost-effective disposal and must not confer undue advantage. Here both suits concern Isukha/Shirere/6101 with substantially the same parties. The court held the second suit was sub judice and that consolidating two plaints by one person would create confusion, not efficiency. The plaintiff could withdraw one suit instead.

p. 2
02

Leave to file further list of documents and witnesses

Holding

Allowed, as the matter had not been heard and no prejudice would be suffered by the defendant

Reasoning

Since the suit had not proceeded to hearing, filing a further list of documents and additional witness statements would prejudice no one. The court therefore granted leave to file and serve the further documents, witness lists and statements within 14 days.

p. 3

Legal principles established

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  • Consolidation is ordered where the same questions of law or fact arise, reliefs arise from the same transaction, and no undue advantage is conferred
  • An unopposed application must still be justified on its merits

Court orders

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  1. 1.The prayer for consolidation with Kakamega ELC No. E008 of 2025 is declined
  2. 2.The plaintiff is granted leave to file and serve further list of documents and list of witnesses together with witness statements within 14 days of the ruling

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Article 162(2)(b) (ELC jurisdiction) - not expressly stated in the judgment

Relief refused

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Consolidation of this matter with Kakamega ELC No. E008 of 2025

Two suits by the same plaintiff over the same subject matter would create confusion and the subsequent suit is sub judice; the applicant failed to justify consolidation

p. 2

Costs

Costs of the application to be in the cause (prayed; not disturbed in final orders)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I allow the application dated 26th May 2025 only to the extend that the plaintifi herein is granted leave to file and serve further list of documents and list of witnesses together with witness statements within 14 days of this ruling.
p. 3final orders - partial allowance
For those reasons, the prayer for consolidation is declined.
p. 3consolidation refused
Consolidation is meant to ease determination of disputes and not to convolute them.
p. 2purpose of consolidation
The fact that the application is unopposed is not a justification for the applicant not to demonstrate the basis and necessity for consolidation.
p. 3unopposed applications

Issues in the judgment

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minor

Case number of the present suit is not stated anywhere in the judgment

minor

Costs prayed to be in the cause but no express costs order in the final orders

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, "Likoko v Mongare t/a Tenderwood Industries Ltd & another (Environment and Land Case E004 of 2024) [2026] KEELC 928 (KLR)", Case Analysis (2026). Kakamega ELC (number not stated on record). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/928/eng@2026-02-11

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