[2017] KEELC 1895 (KLR)
The court found that the issues raised in the Notice of Motion dated 23rd March 2016 had already been determined in the ruling delivered by Justice Mutungi on 17th March 2016. As such, the application was barred by the doctrine of res judicata, which prevents the same issues from being litigated again between the...
Source-derived case information.
- Citation
- [2017] KEELC 1895 (KLR)
- Parties
- Respondent: Busuru Mark T/A Busuru R M & Partners Architects; Applicant: B.A. Omuse T/A Afro Anglo Investments Ltd; Respondent: Peter K. Cheloti
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1300 of 2002
- Procedural Posture
- Notice of Motion / Ruling
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Res Judicata, Notice of Motion, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Busuru Mark T/A Busuru R M & Partners Architects
Respondent
B.A. Omuse T/A Afro Anglo Investments Ltd
Applicant
Peter K. Cheloti
Respondent
Procedural Posture
Notice of Motion / Ruling
Legal Issues
- 1 Whether the issues raised in the Notice of Motion dated 23rd March 2016 are res judicata.
Ratio Decidendi
The court found that the issues raised in the Notice of Motion dated 23rd March 2016 had already been determined in the ruling delivered by Justice Mutungi on 17th March 2016. As such, the application was barred by the doctrine of res judicata, which prevents the same issues from being litigated again between the same parties. The court therefore dismissed the application with costs.
Court Disposition
application dismissed
Orders
- Notice of Motion dated 23rd March 2016 is dismissed with costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC CASE NO. 1300 OF 2002
BUSURU MARK
T/A BUSURU R M & PARTNERS ARCHITECTS..CLAIMANT/RESPONDENT
VERSUS
B.A. OMUSE
T/A AFRO ANGLO INVESTMENTS LTD...............RESPONDENT/APPLICANT
PETER K. CHELOTI…….…....................INTERESTED PARTY/RESPONDENT
RULING
Notice of Motion dated 23rd March 2016 is hereby dismissed with costs as the issues raised therein were the subject of the Ruling of Justice Mutungi delivered on 17th March 2016 and are therefore res judicata.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 15THDAY OF SEPTEMBER 2017.
MARY M. GITUMBI
JUDGE