[2025] KEBPRT 263 (KLR)

[2025] KEBPRT 263 (KLR)

The Tribunal found that the present suit is res judicata because the issues, parties, subject matter, and reliefs sought are identical to those in BPRT Case no E740 of 2021, which was conclusively determined by the Tribunal and affirmed on appeal. The Tenant, whether under the name James Mamboleo or Antony Ogato Mamboleo, was in occupation of the same premises and challenged the same termination notice. The Tribunal held that the Tenant's attempt to relitigate the matter constituted an abuse of process, as all the requirements for res judicata were satisfied: identity of subject matter, parties, title, jurisdiction, and finality of the previous decision. Consequently, the Tribunal...

Citation
[2025] KEBPRT 263 (KLR)
Parties
Applicant: Antony Ogato Mamboleo; Respondent: Paul Mbugua Kang’Ethe
Court
Business Premises Rent Tribunal
Jurisdiction
Kenya
Judgment Date
4 February 2025
Case Number
Tribunal Case E129 of 2025
Procedural Posture
Tribunal Application / Ruling on Preliminary Objection (res Judicata)
Outcome
Plaint and Notice of Motion dismissed with costs to the Landlord.
Judges
A Muma
Legal Topics
Res Judicata, Tenancy Termination, Injunctive Relief, Eviction Orders
Source Language
English
Land and Property Civil Procedure Res Judicata Tenancy Termination Injunctive Relief Eviction Orders

Case Brief

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Parties

Antony Ogato Mamboleo

Applicant

Paul Mbugua Kang’Ethe

Respondent

Procedural Posture

Tribunal Application / Ruling on Preliminary Objection (res Judicata)

Legal Issues

  1. 1 Whether the instant suit is res judicata.
  2. 2 Whether the Tenant is entitled to the orders sought.

Ratio Decidendi

The Tribunal found that the present suit is res judicata because the issues, parties, subject matter, and reliefs sought are identical to those in BPRT Case no E740 of 2021, which was conclusively determined by the Tribunal and affirmed on appeal. The Tenant, whether under the name James Mamboleo or Antony Ogato Mamboleo, was in occupation of the same premises and challenged the same termination notice. The Tribunal held that the Tenant's attempt to relitigate the matter constituted an abuse of process, as all the requirements for res judicata were satisfied: identity of subject matter, parties, title, jurisdiction, and finality of the previous decision. Consequently, the Tribunal...

Court Disposition

Plaint and Notice of Motion dismissed with costs to the Landlord.

Orders

  • The Plaint and Notice of Motion dated 3rd February, 2025 is dismissed.
  • Costs to the Landlord assessed at KShs. 20,000.00.