[2006] KEHC 2206 (KLR)
The judge determined that, since the dispute in the present suit revolves around the same piece of land that was the subject of H.C. Succession Cause No. 1775 of 1993, which she previously decided, the interests of justice require that she recuse herself from hearing the application to avoid any appearance of bias...
Source-derived case information.
- Citation
- [2006] KEHC 2206 (KLR)
- Parties
- Plaintiff: Judith Wambui Gatei; Plaintiff: Francis Muiruri Gatei; Defendant: Ngugi Muiruri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1301 of 2004
- Procedural Posture
- Civil Case / Ruling on Application for Striking Out Suit; Judicial Recusal
- Outcome
- judge recused herself; matter to be placed before another judge
- Judges
- JA Aluoch
- Legal Topics
- Res Judicata, Striking Out Suit, Judicial Recusal, Concealment of Material Facts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Judith Wambui Gatei
Plaintiff
Francis Muiruri Gatei
Plaintiff
Ngugi Muiruri
Defendant
Procedural Posture
Civil Case / Ruling on Application for Striking Out Suit; Judicial Recusal
Legal Issues
- 1 Whether the suit is res judicata due to prior determination in H.C. Succession Cause No. 1775 of 1993.
- 2 Whether the defendant is guilty of concealment or non-disclosure of material facts relevant to the present suit.
- 3 Whether the judge should recuse herself due to prior involvement in the related succession cause.
Ratio Decidendi
The judge determined that, since the dispute in the present suit revolves around the same piece of land that was the subject of H.C. Succession Cause No. 1775 of 1993, which she previously decided, the interests of justice require that she recuse herself from hearing the application to avoid any appearance of bias or conflict of interest. The judge therefore disqualified herself and directed that the matter be placed before another judge who did not handle the succession cause giving rise to the present case.
Court Disposition
judge recused herself; matter to be placed before another judge
Orders
- The judge disqualifies herself from handling the matter.
- The case is to be placed before any other judge who did not handle the related succession cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 1301 of 2004
JUDITH WAMBUI GATEI ……………......................................…………1ST PLAINTIFF
FRANCIS MUIRURI GATEI …………...................................…………..2ND PLAINTIFF
VERSUS
NGUGI MUIRURI …………………….......................................…………..DEFENDANT
RULING
The defendant Ngugi Muiruri moved the court by Chamber Summons seeking an order to
“strike out the plaintiff’s suit with costs to the defendant, “ on the grounds that the same is “res judicata”, and therefore “scandalous, frivolous and vexacious”.
The application is dated 10th May, 2005.
The plaintiffs filed grounds of opposition, one of the grounds being that
“the applicant (defendant) is guilty of concealment and or non/disclosure of all matters in H.C Succession Cause No. 1775 of 1993”, which is material and or has a bearing to this suit”.
The advocates representing the parties CONSENTED to HAVE THE APPLICATION DECIDED BY WRITTEN SUBMISSIONS, which they prepared and presented to court on 27. 3.2006.
However, on perusal of the application plus the supporting affidavit, and annextures, as well as the Grounds of Opposition filed, I discovered that the dispute herein revolves around a piece of land namely GITHUNGURI/IKINU/76, which was the subject of dispute in H.C. Succession Cause No. 1775 of 1883, which was decided by my order of 8th October, 2002. In these circumstances, I find that the justice of the case requires that the present application be heard and determined by ANOTHER JUDGE.
In the circumstances therefore I hereby DISQUALIFY myself from handling this matter and direct that the same be placed before any other judge who did not handle the Succession Cause which has given rise to this case.
Dated at Nairobi this 9th day of June, 2006.
JOYCE ALUOCH
JUDGE