[1998] KEHC 294 (KLR)
The court found that the preliminary objections raised by the defendant, namely that the application is res judicata and that the orders sought may affect unrepresented parties, were not sufficient to dispose of the application at this stage. The court determined that these issues should be considered on their...
Source-derived case information.
- Citation
- [1998] KEHC 294 (KLR)
- Parties
- Plaintiff: Kibucho Limited; Defendant: Nairobi City Council; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3178 of 1995
- Procedural Posture
- Civil Case / Ruling on Preliminary Objections
- Outcome
- Preliminary objections overruled; application to proceed on merits.
- Legal Topics
- Preliminary Objection, Res Judicata, Joinder of Parties
- 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
Kibucho Limited
Plaintiff
Nairobi City Council
Defendant
Another
Defendant
Procedural Posture
Civil Case / Ruling on Preliminary Objections
Legal Issues
- 1 Whether the application is res judicata.
- 2 Whether the orders sought would affect unrepresented parties.
Ratio Decidendi
The court found that the preliminary objections raised by the defendant, namely that the application is res judicata and that the orders sought may affect unrepresented parties, were not sufficient to dispose of the application at this stage. The court determined that these issues should be considered on their merits during the substantive hearing of the application, with liberty for the parties to raise the same points again. As such, the application was not struck out on the basis of the preliminary objections.
Court Disposition
Preliminary objections overruled; application to proceed on merits.
Orders
- The entire application shall be argued on merit with liberty to raise the same preliminary points.
- Each party shall bear own costs.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 3178 OF 1995 KIBUCHO LIMITED...........................................................PLANTIFF VERSUS NAIROBI CITY COUNCIL & ANOTHER....................DEFENDANT R U L I N G The learned counsel for the defendant herein has raised two preliminary points. The first is that the application is res-judicata and the second is that the orders sought are likely to affect parties who are not represented in this suit.
I gone through the record before me and with respect find that the two points cannot dispose this application.
I therefore make an order that the entire application shall be argued on merit with liberty to raise the same points above.
Each party shall bear own costs. Orders accordingly. Dated and delivered at Nairobi this 31st day of July 1998 A. MBOGHOLI MSAGHA JUDGE