[2018] KEELC 4776 (KLR)
The court found that since the suit had already been dismissed as res judicata in a previous ruling and there was no evidence that the dismissal order had been set aside, there was no pending suit before the court. Consequently, the application seeking rectification of the judgment was without merit, as the court...
Source-derived case information.
- Citation
- [2018] KEELC 4776 (KLR)
- Parties
- Plaintiff: James Gachugu Kariuki; Defendant: Paul Macharia Wagunya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 246 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Post Judgment Rectification Motion
- Outcome
- application dismissed
- Judges
- L Waithaka
- Legal Topics
- Res Judicata, Rectification of Judgment, Preliminary Objection
- 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
James Gachugu Kariuki
Plaintiff
Paul Macharia Wagunya
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Post Judgment Rectification Motion
Legal Issues
- 1 Whether the court can rectify its judgment in accordance with an agreement between the parties after the suit has been dismissed as res judicata.
- 2 Whether there is any pending suit or valid basis for the rectification sought.
Ratio Decidendi
The court found that since the suit had already been dismissed as res judicata in a previous ruling and there was no evidence that the dismissal order had been set aside, there was no pending suit before the court. Consequently, the application seeking rectification of the judgment was without merit, as the court lacked jurisdiction to grant the orders sought in the absence of a subsisting suit. The motion was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application dated 3rd January, 2017 is dismissed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NYERI
ELC CASE NO. 246 OF 2015
JAMES GACHUGU KARIUKI.................................PLAINTIFF
-VERSUS-
PAUL MACHARIA WAGUNYA...........................DEFENDANT
RULING
1. Paul Macharia Wagunya, the plaintiff, has taken out the motion dated 3rd January, 2017 in which he sought for the following orders:
a) The judgment of this court be rectified to be in accordance with the agreement between the defendants filed herein.
b) costs of this application be provided.
2. The motion is premised on the grounds on the face of the application and is supported by the affidavit of the plaintiff. The motion is not opposed.
3. In a Ruling delivered by this court on 17th August, 2016, this court upheld a preliminary objection by the defendant and dismissed the instant suit for being Res judicata, Nyeri ELC 229 of 2013.
4. As there is no suit pending before this court and no evidence has been adduced that the aforesaid orders were set aside, the instant motion is found to be without merit and I dismiss it with no orders on costs as the same was undefended.
Dated, signed and delivered at Nyeri this 3rd day of January, 2018.
L N WAITHAKA
JUDGE
Coram
James Gachugu Kariuki – plaintiff
N/A for the defendant
Court assistant – Esther