[2018] KEELC 3103 (KLR)
The court found that the Notice of Motion dated 31/12/2013 was res judicata because the issues raised therein had already been determined in previous rulings by Judge Ougo and Judge Gitumbi. As such, the application could not be entertained again, and the proper course was to proceed to the hearing of the main suit.
Source-derived case information.
- Citation
- [2018] KEELC 3103 (KLR)
- Parties
- Plaintiff: Joseph Mwangi Njeri; Defendant: Kimani Mungai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 248 of 2012
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- application dismissed as res judicata
- Judges
- MM Gitumbi
- Legal Topics
- Res Judicata, Interlocutory Applications, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Mwangi Njeri
Plaintiff
Kimani Mungai
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Notice of Motion dated 31/12/2013 is res judicata.
- 2 Whether the issues raised in the application were previously determined by the court.
Ratio Decidendi
The court found that the Notice of Motion dated 31/12/2013 was res judicata because the issues raised therein had already been determined in previous rulings by Judge Ougo and Judge Gitumbi. As such, the application could not be entertained again, and the proper course was to proceed to the hearing of the main suit.
Court Disposition
application dismissed as res judicata
Orders
- The Notice of Motion dated 31/12/2013 is dismissed with costs to the defendant.
- The suit should proceed to hearing of the main suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 248 OF 2012
JOSEPH MWANGI NJERI...............................PLAINTIFF/APPLICANT
VERSUS
KIMANI MUNGAI.....................................DEFENDANT/RESPONDENT
RULING
The Plaintif/Applicant’s Notice of Motion dated 31/12/2013 is hereby dismissed with costs to the Defendant as the same is res judicata. The very issues of which were determined by Judge Ougo in her ruling delivered in this court on 16/4/13 and Judge Gitumbi’s ruling delivered on 6/12/13 a copy of which is annexed. This suit should now proceed to the hearing of the main suit.
SIGNED AND DATED AT NAIROBI BY LADY JUSTICE
MARY M. GITUMBI THIS 24TH DAY OF APRIL 2018.
MARY M. GITUMBI
JUDGE
DELIVERED AT NAIROBI BY JUSTICE SAMSON O. OKONG’O
THIS 3RD DAY OF MAY 2018.
SAMSON O. OKONG’O
PRESIDING JUDGE