[2018] KEELC 3685 (KLR)
The court found that the plaintiff/applicant failed to specify any error on the face of the record, as required for such applications. Upon independent examination, the court found no error in its previous ruling. Furthermore, the court held that the prayer for stay of eviction had already been raised and determined...
Source-derived case information.
- Citation
- [2018] KEELC 3685 (KLR)
- Parties
- Plaintiff: Kennedy Khisa Kundu; Defendant: John Kundu Khisa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 152 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Rectify Error and for Stay of Eviction
- Outcome
- Application dismissed with costs to the defendant/respondent.
- Judges
- FM Njoroge
- Legal Topics
- Rectification of Record, Stay of Eviction, Res Judicata
- 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
Kennedy Khisa Kundu
Plaintiff
John Kundu Khisa
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Rectify Error and for Stay of Eviction
Legal Issues
- 1 Whether there is an error apparent on the face of the record that warrants rectification.
- 2 Whether a stay of eviction should be granted pending further orders.
- 3 Whether the issues raised in the application are res judicata.
Ratio Decidendi
The court found that the plaintiff/applicant failed to specify any error on the face of the record, as required for such applications. Upon independent examination, the court found no error in its previous ruling. Furthermore, the court held that the prayer for stay of eviction had already been raised and determined in a prior application, rendering the issue res judicata. Consequently, the application lacked merit and was dismissed with costs to the defendant/respondent.
Court Disposition
Application dismissed with costs to the defendant/respondent.
Orders
- The application dated 13/12/2017 is dismissed with costs to the defendant/respondent.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 152 OF 2016
KENNEDY KHISA KUNDU............................................PLAINTIFF
VERSUS
JOHN KUNDU KHISA................................................DEFENDANT
R U L I N G
1. The application dated 13/12/2017 seeks an order that the error apparent on the face of the record be rectified. It also seeks that a stay of the eviction of the defendant be granted until further orders of this court.
2. I must state here that it is incumbent upon an applicant in an application such as the instant one not only to point out with specificity in what page, what paragraph and what line an error on the face of the record is to be found but also to demonstrate that such error has an effect on the way the ruling or order should be read or interpreted. In the absence of that specificity no orders can issue.
3. I have scrutinized the application, the grounds at its foot and the supporting affidavit sworn by the plaintiff on 13/12/2017. I have found no evidence given of any error on the face of the record. In the absence of any information on the above from the plaintiff applicant, I have examined the ruling of this court dated 13th November 2017 and found no error on the face thereof.
4. As for the other prayer of stay in the application, I find that issues raised therein were raised in the application dated 16/10/2015 and they should not be entertained here for the second time. They are res judicata.
I therefore dismiss the application dated 13/12/2017 with costs to the defendant/respondent.
Dated, signed and delivered at Kitale on this 22nd day of March, 2018.
MWANGI NJOROGE
JUDGE
22/3/2018
Coram:
Before - Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Bisonga for the Plaintiff
N/A for defendant
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
22/3/2018