[2022] KEELC 15086 (KLR)
The court found that although the suit land Kajiado/Osilalei/318 was not specifically mentioned in ELC 247 of 2017, it formed part of Osilalei Group Ranch, which was the subject of the earlier judgment. The court held that the judgment delivered on November 1, 2021 in ELC 247 of 2017 applies to the present case,...
Source-derived case information.
- Citation
- [2022] KEELC 15086 (KLR)
- Parties
- Plaintiff: Keloi Ole Kikua Ngoitela; Defendant: Njangututi Pampai Simira
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 64 of 2019
- Procedural Posture
- Environment and Land Case / Ruling
- Outcome
- Judgment in ELC 247 of 2017 applies to this case; costs awarded to defendant.
- Judges
- MN Gicheru
- Legal Topics
- Res Judicata, Group Ranch Land, Costs Award, Previous Suit Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Keloi Ole Kikua Ngoitela
Plaintiff
Njangututi Pampai Simira
Defendant
Procedural Posture
Environment and Land Case / Ruling
Legal Issues
- 1 Whether the judgment in ELC Case No 247 of 2017 applies to the present suit involving land parcel Kajiado/Osilalei/318.
- 2 Whether the plaintiff failed to disclose the existence of a previous suit over the same subject matter.
Ratio Decidendi
The court found that although the suit land Kajiado/Osilalei/318 was not specifically mentioned in ELC 247 of 2017, it formed part of Osilalei Group Ranch, which was the subject of the earlier judgment. The court held that the judgment delivered on November 1, 2021 in ELC 247 of 2017 applies to the present case, mutatis mutandis. The court further noted that the plaintiff's assertion in the plaint that there was no previous suit was not entirely true, as ELC 247 of 2017 involved the same parties and subject matter. Consequently, the court awarded costs to the defendant and directed that the previous judgment governs the present dispute.
Court Disposition
Judgment in ELC 247 of 2017 applies to this case; costs awarded to defendant.
Orders
- The judgment in ELC Case No 247 of 2017 applies to this case, mutatis mutandis.
- The costs of this suit are awarded to the defendant.
Full Case Text
Judgment text and source record
19 paragraphs
Ngoitela v Simira (Environment & Land Case 64 of 2019) [2022] KEELC 15086 (KLR) (23 November 2022) (Ruling)
Neutral citation: [2022] KEELC 15086 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 64 of 2019
MN Gicheru, J
November 23, 2022
Between
Keloi Ole Kikua Ngoitela
Plaintiff
and
Njangututi Pampai Simira
Defendant
Ruling
1. It has come to my notice that on November 1, 2022, I delivered a judgment in ELC Case No 247 of 2017. In that case, the plaintiff is third defendant while the defendant herein is the first defendant.
2. Though the suit land herein namely, Kajiado/Osilalei/318 is not specifically mentioned in ELC 247 of 2017, it is part and parcel of what used to be Osilalei Group Ranch and the judgment of November 1, 2021 applies to it as well.
3. For the above reasons, I direct that the judgment in ELC Case No 247 of 2017 applies to this case,mutatis mutandis.
4. I will also award the costs of this suit to the defendant for the singular reason that though the plaint dated July 15, 2019 contains the paragraph that says that there is no pending or previous suit between the parties over the same subject matter, this is not entirely true because of ELC 247/2017. Order accordingly.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 23RD DAY OF NOVEMBER, 2022. M N GICHERUJUDGE