https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3740
The court allowed the unopposed oral application for leave to amend because pleadings had not closed, held that res judicata cannot properly be raised through a preliminary objection because it requires evidence, and declined to extend the order dated 19/5/2026 because the relevant register for Nkuene/Mitunguu/190...
Source-derived case information.
- Citation
- [2026] KEELC 3740 (KLR)
- Parties
- Plaintiff: County Government of Meru; 1st Defendant: Charles Muchui Mugwika (Liquidator of Abogeta Farmers Cooperative Society Limited, now under liquidation); 2nd Defendant: The Land Registrar, Imenti South; 3rd Defendant: The Attorney General; Interested Party: The National Land Commission
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E020 of 2026
- Procedural Posture
- Civil Land Dispute / Ex Tempore Ruling on Oral Application for Leave to Amend Pleadings and on Preliminary Objection/jurisdictional Issue
- Outcome
- Application for leave to amend allowed; preliminary objection route on res judicata rejected; extension of the order dated 19/5/2026 declined.
- Judges
- ["BM Eboso"]
- Legal Topics
- Amendment of Pleadings, Preliminary Objection, Res Judicata, Jurisdiction, Closed Title, Subdivision of Land Register
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Meru
Plaintiff
Charles Muchui Mugwika (Liquidator of Abogeta Farmers Cooperative Society Limited, now under liquidation)
1st Defendant
The Land Registrar, Imenti South
2nd Defendant
The Attorney General
3rd Defendant
The National Land Commission
Interested Party
Procedural Posture
Civil Land Dispute / Ex Tempore Ruling on Oral Application for Leave to Amend Pleadings and on Preliminary Objection/jurisdictional Issue
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint and application
- 2 Whether res judicata can be determined by way of preliminary objection
- 3 Whether extending the order dated 19/5/2026 was sensible given the closure of the register for Nkuene/Mitunguu/190
Ratio Decidendi
The court allowed the unopposed oral application for leave to amend because pleadings had not closed, held that res judicata cannot properly be raised through a preliminary objection because it requires evidence, and declined to extend the order dated 19/5/2026 because the relevant register for Nkuene/Mitunguu/190 had been closed following subdivision.
Court Disposition
Application for leave to amend allowed; preliminary objection route on res judicata rejected; extension of the order dated 19/5/2026 declined.
Orders
- Leave is granted to amend both the plaint and the application dated 11/5/2026.
- The 1st defendant is directed to file a formal application if it wishes to pursue res judicata.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELC LAND CASE NO. E020 OF 2026** **COUNTY GOVERNMENT OF MERU............................PLAINTIFF** **=VERSUS=** **CHARLES MUCHUI MUGWIKA (*Liquidator of*** ***ABOGETA FARMERS COOPERATIVE SOCIETY*** ***LIMITED (NOW UNDER LIQUIDATION).*..............1ST DEFENDANT** **THE LAND REGISTRAR, IMENTI SOUTH..........2ND DEFENDANT** **THE ATTORNEY GENERAL............................3RD DEFENDANT** **=AND=** **THE NATIONAL LAND COMMISSION..........INTERESTED PARTY** **RULING** **(EX-TEMPORE)** 1. It has emerged that the plaintiff made pleadings and relied on a closed title. They now seek time to amend their pleadings and the application dated 11/5/2026. The oral plea for leave to amend is not opposed. Taking into account the fact that the pleadings have not closed, the oral plea for leave to amend both the plaint and the application is allowed. 2. It has also emerged that the 1st defendant seeks to canvass the jurisdictional question of *res-judicata* on the platform of a preliminary objection. Res-judicata speaks to the existence of past litigation, past issues and past determination by a court to competent jurisdiction. It is an issue that calls for evidence. A preliminary objection does not offer the platform for evidence. Consequently, the 1st defendant is directed to bring a formal application if they wish to canvass the issue of res-judicata. 3. Lastly, in view of the fact that the register relating to **Nkuene/Mitunguu/190** is said to have been closed on subdivision of the land, there will be no sense in extending the order dated 19/5/2026. 4. Directions on 27/7/2026. **DATED SIGNED AND DELIVERED AT MERU THIS 16TH DAY OF JUNE, 2026.** **B M EBOSO [MR]** **JUDGE** **In the Presence of** Mr Kanyumoo for the Plaintiff Mr Mutema holding brief for Mr Kiautha Arithi for the 1st Defendant Ms E Wairimu holding brief for Mr Obura for the 2nd and 3rd Defendants Court Assistant – Mr. E. Tupet