[2018] KEELC 4590 (KLR)

[2018] KEELC 4590 (KLR)

The court found that the plaintiff’s application was both res judicata and an abuse of process. The issues raised, including the request for inhibition orders and setting aside previous rulings, had already been determined in earlier applications and rulings, specifically the ruling of 28th July 2017. The court held that the application for stay of execution or setting aside was not brought without unreasonable delay, as required by Order 42 Rule 6(2), and that the plaintiff failed to demonstrate substantial loss or sufficient cause. The court also noted that the plaintiff had not approached the court with clean hands, having previously attempted to mislead the court regarding service of...

Citation
[2018] KEELC 4590 (KLR)
Parties
Plaintiff: Jason Gitimu Wang’ara; Defendant: Martin Munene Wang’ara; Defendant: John Mutugi; Defendant: Simon Muchiri; Defendant: Francis Githaka; Defendant: John Karatu; Defendant: Joseph Muchiri; Defendant: Joseph Muriithi Wang’ara; Defendant: Lazarius Githaka; Defendant: Charles Warui; Defendant: Simon Ndege; Defendant: Francis Muturi; Defendant: Francis Gachoki; Defendant: Peter Kagiri; Defendant: Onesmus Mathike
Court
Environment and Land Court
Court Station
Environment and Land Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
26 January 2018
Case Number
Environment & Land Case 278 of 2013
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Inhibition and Setting Aside Prior Orders
Outcome
application dismissed
Judges
BN Olao
Legal Topics
Inhibition Orders, Res Judicata, Stay of Execution, Trusts in Land, Abuse of Process
Source Language
English
Land and Property Civil Procedure Inhibition Orders Res Judicata Stay of Execution Trusts in Land Abuse of Process

Case Brief

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Parties

Jason Gitimu Wang’ara

Plaintiff

Martin Munene Wang’ara

Defendant

John Mutugi

Defendant

Simon Muchiri

Defendant

Francis Githaka

Defendant

John Karatu

Defendant

Joseph Muchiri

Defendant

Joseph Muriithi Wang’ara

Defendant

Lazarius Githaka

Defendant

Charles Warui

Defendant

Simon Ndege

Defendant

Francis Muturi

Defendant

Francis Gachoki

Defendant

Peter Kagiri

Defendant

Onesmus Mathike

Defendant

Procedural Posture

Notice of Motion / Ruling on Interlocutory Application for Inhibition and Setting Aside Prior Orders

Legal Issues

  1. 1 Whether the application for inhibition orders against the defendants is res judicata.
  2. 2 Whether the plaintiff is entitled to an order setting aside previous judgments and rulings of the court.
  3. 3 Whether the application for stay of execution or setting aside was brought without unreasonable delay and meets the requirements under Order 42 Rule 6 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the plaintiff’s application was both res judicata and an abuse of process. The issues raised, including the request for inhibition orders and setting aside previous rulings, had already been determined in earlier applications and rulings, specifically the ruling of 28th July 2017. The court held that the application for stay of execution or setting aside was not brought without unreasonable delay, as required by Order 42 Rule 6(2), and that the plaintiff failed to demonstrate substantial loss or sufficient cause. The court also noted that the plaintiff had not approached the court with clean hands, having previously attempted to mislead the court regarding service of...

Court Disposition

application dismissed

Orders

  • The plaintiff’s Notice of Motion dated 17th August 2017 is dismissed.
  • Each party shall bear their own costs.