[2022] KEELC 1535 (KLR)

[2022] KEELC 1535 (KLR)

The court found that the issues and parties in the present suit were identical to those in Kitale HCCC No. 77 of 2004, where a final judgment had already been delivered regarding the ownership and occupation of the disputed land parcels. The court held that it was functus officio in respect of those issues and that...

Source-derived case information.

Citation
[2022] KEELC 1535 (KLR)
Parties
Applicant: Nabakhwa Farmers Co-operative Society Limited; Respondent: Lois Holdings Limited; Respondent: Estate of Jackson Kiamba Kimbui
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Case Number
Environment & Land Case Case14 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Application for Temporary Injunction
Outcome
application and suit dismissed with costs to the defendants
Legal Topics
Res Judicata, Temporary Injunctions, Land Ownership Disputes, Specific Performance, Eviction Orders
Source Language
en
Land and Property Civil Procedure Res Judicata Temporary Injunctions Land Ownership Disputes Specific Performance Eviction Orders

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Summary, issues, holding and outcome

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Parties

Nabakhwa Farmers Co-operative Society Limited

Applicant

Lois Holdings Limited

Respondent

Estate of Jackson Kiamba Kimbui

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Temporary Injunction

  1. 1 Whether the applicants satisfied the principles for the grant of a temporary injunction.
  2. 2 Whether the existence of a valid judgment on the issues raised in this matter should be a bar to proceeding with the application and suit.
  3. 3 What orders should issue and who should bear the costs of the application.

Ratio Decidendi

The court found that the issues and parties in the present suit were identical to those in Kitale HCCC No. 77 of 2004, where a final judgment had already been delivered regarding the ownership and occupation of the disputed land parcels. The court held that it was functus officio in respect of those issues and that the doctrine of res judicata applied, barring the present suit and application. The court further noted that even if res judicata did not apply, the matter would be sub judice due to pending post-judgment applications in the earlier suit. Consequently, the application for a temporary injunction and the entire suit were dismissed as an abuse of court process, with costs awarded...

Court Disposition

application and suit dismissed with costs to the defendants

Orders

  • The application dated 26/02/2021 is dismissed with costs to the defendants.
  • The entire suit is dismissed with costs to the defendants.