[2021] KEELC 280 (KLR)
The court found that the Notice of Motion dated 9th December 2021 was identical to an application already filed in Bungoma ELC Appeal No 12 of 2020, where a ruling was pending. The court held that bringing the same application in two different proceedings amounts to an abuse of the court process and is barred by the...
Source-derived case information.
- Citation
- [2021] KEELC 280 (KLR)
- Parties
- Plaintiff: Doris Wanyama; Defendant: Ronald Keree; Defendant: Florence Namachitu; Applicant: Damsey Auctioneer
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E019 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Application
- Outcome
- Application struck out as res judicata and abuse of process.
- Legal Topics
- Res Judicata, Abuse of Process, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Doris Wanyama
Plaintiff
Ronald Keree
Defendant
Florence Namachitu
Defendant
Damsey Auctioneer
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Application
Legal Issues
- 1 Whether the Notice of Motion dated 9th December 2021 constitutes an abuse of the court process.
- 2 Whether the application is res judicata in light of a similar application in Bungoma ELC Appeal No 12 of 2020.
Ratio Decidendi
The court found that the Notice of Motion dated 9th December 2021 was identical to an application already filed in Bungoma ELC Appeal No 12 of 2020, where a ruling was pending. The court held that bringing the same application in two different proceedings amounts to an abuse of the court process and is barred by the doctrine of res judicata. Consequently, the application was struck out to prevent duplicity and preserve the integrity of judicial proceedings.
Court Disposition
Application struck out as res judicata and abuse of process.
Orders
- The Notice of Motion dated 9th December 2021 is struck out.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA
ELC MISCELLANEOUS APPLICATION NO. E019 OF 2021
(From Bungoma CM’s Civil Case No 85 of 2018)
DORIS WANYAMA .................................................................... PLAINTIFF
VERSUS
RONALD KEREE.................................. 1ST DEFENDANT/RESPONDENT
FLORENCE NAMACHITU ................ 2ND DEFENDANT/RESPONDENT
AND
DAMSEY AUCTIONEER ........................ AUCTIONEERS/APPLICANTS
16th December 2021
(In Chambers)
Coram: Hon. Boaz N. Olao JUDGE
O R D E R
I have perused the Notice of Motion dated 9th December 2021 and filed herein on 10th December 2021.
It is the same application filed in BUNGOMA ELC APPEAL No 12 of 2020 in which a ruling is due on 20th December 2021. It is therefore not only an abuse of the process of the Court but is also res – judicata.
It is accordingly struck out.
BOAZ N. OLAO.
J U D G E
16th December 2021.