[2023] KEHC 25043 (KLR)
The court found that the appeal had already been determined by Lady Justice Racheal Ngetich in a judgment dated 20th December 2022, which dismissed the appeal. As a result, all subsequent proceedings, including those on 24th April 2023, 19th June 2023, and 17th July 2023, were rendered res judicata. The court...
Source-derived case information.
- Citation
- [2023] KEHC 25043 (KLR)
- Parties
- Appellant: Phoebe Atieno Alias Odanga Phoebe; Appellant: Leeman Onyango Oduo; Respondent: Felix Onyango; Respondent: Paul Juma Onyango
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 21 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Res Judicata and Expunging Proceedings
- Outcome
- Appeal proceedings found res judicata; subsequent proceedings expunged.
- Judges
- TA Odera
- Legal Topics
- Res Judicata, Appeal Dismissal, Expunging Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phoebe Atieno Alias Odanga Phoebe
Appellant
Leeman Onyango Oduo
Appellant
Felix Onyango
Respondent
Paul Juma Onyango
Respondent
Procedural Posture
Civil Appeal / Ruling on Res Judicata and Expunging Proceedings
Legal Issues
- 1 Whether the current appeal proceedings are res judicata due to a prior judgment.
- 2 Whether subsequent proceedings after the prior judgment should be expunged.
Ratio Decidendi
The court found that the appeal had already been determined by Lady Justice Racheal Ngetich in a judgment dated 20th December 2022, which dismissed the appeal. As a result, all subsequent proceedings, including those on 24th April 2023, 19th June 2023, and 17th July 2023, were rendered res judicata. The court exercised its inherent powers to expunge these proceedings from the record, as the matter had already been conclusively determined and could not be re-opened or re-litigated.
Court Disposition
Appeal proceedings found res judicata; subsequent proceedings expunged.
Orders
- The proceedings of 24.4.23, 19.6.23, and 17.7.23 are expunged from the record.
- No further proceedings shall be entertained in this appeal as it is res judicata.
Full Case Text
Judgment text and source record
22 paragraphs
Atieno alias Odanga Phoebe & another v Onyango & another (Suing as the administrator of the Estate of Rose Akinyi - Deceased) (Civil Appeal 21 of 2017) [2023] KEHC 25043 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 25043 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Appeal 21 of 2017
TA Odera, J
October 18, 2023
Between
Phoebe Atieno Alias Odanga Phoebe
1st Appellant
Leeman Onyango Oduo
2nd Appellant
and
Felix Onyango
1st Respondent
Paul Juma Onyango
2nd Respondent
Suing as the administrator of the Estate of Rose Akinyi - Deceased
Ruling
1. This matter came up before me for hearing of the Appeal on 19. 6.23. Miss Obura was present for the appellant while Miss Kabalika was for the respondent. They informed this court that they had filed submissions and this court ordered that they attended court on 17. 7.23 for highlighting of the same. The parties attended court 17. 7.23 and indeed highlighted the submissions and judgment date was set for 18. 10. 23 which is today.
2. I retired to write the judgment on the appeal but upon a careful perusal of the record herein, I realized that the Appeal herein was determined by Lady Justice Racheal Ngetich vide judgment dated 20. 12. 22 and the appeal was dismissed. This matter is therefore Res judicata. The proceedings of 24. 4.23, 19. 6.23 and 17. 7.23 are thus resjudicata. I proceed to expunge the said subsequent proceedings.
TA ODERAJUDGE18. 10. 23Delivered in the presence of: -Miss Obura for appellantMiss Kabalika for the or respondent