Kilonzo v Ndini (Environment and Land Case E035 of 2024) [2025] KEELC 18433 (KLR) (16 December 2025) (Ruling)

Kilonzo v Ndini (Environment and Land Case E035 of 2024) [2025] KEELC 18433 (KLR) (16 December 2025) (Ruling)

The application is res judicata as the parties and subject matter are the same as in previous suits, and the issues have already been determined. The application is an abuse of court process and cannot be granted through a different suit.

Citation
[2025] KEELC 18433 (KLR)
Parties
Plaintiff/applicant: Lois John Kilonzo; Defendant/respondent: Moses Kyalo Ndini
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Environment and Land Case E035 of 2024
Procedural Posture
Ruling / Interlocutory Application
Outcome
Application struck out with costs to the Defendant/Respondent.
Legal Topics
Res Judicata, Eviction, Injunctions, Rent Collection
Source Language
English
Civil Procedure Land Law Res Judicata Eviction Injunctions Rent Collection

Case Brief

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Parties

Lois John Kilonzo

Plaintiff/applicant

Moses Kyalo Ndini

Defendant/respondent

Procedural Posture

Ruling / Interlocutory Application

Legal Issues

  1. 1 Whether the application is res judicata
  2. 2 Whether the orders sought can be granted through the current application

Ratio Decidendi

The application is res judicata as the parties and subject matter are the same as in previous suits, and the issues have already been determined. The application is an abuse of court process and cannot be granted through a different suit.

Court Disposition

Application struck out with costs to the Defendant/Respondent.

Orders

  • The application is struck off as res judicata and not merited.
  • Costs awarded to the Defendant/Respondent.