[2022] KEELC 15646 (KLR)
The court found that the issues raised in the plaintiff's application dated July 29, 2022, had already been litigated and determined in an earlier application, with a ruling delivered on February 23, 2022. As such, the doctrine of res judicata applied, precluding the court from re-examining the same matters. The...
Source-derived case information.
- Citation
- [2022] KEELC 15646 (KLR)
- Parties
- Plaintiff: David Gathuka Njoroge; Defendant: Joseph Njoroge Kamau; Defendant: Ann Mbairee Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 468 of 2011
- Procedural Posture
- Environment and Land Case / Ruling on Application to Reinstate Suit and for Change of Advocate
- Outcome
- application dismissed; leave granted for new advocate to come on record; file closed
- Judges
- LN Mbugua
- Legal Topics
- Reinstatement of Suit, Dismissal for Noncompliance, Change of Advocate, Res Judicata
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Gathuka Njoroge
Plaintiff
Joseph Njoroge Kamau
Defendant
Ann Mbairee Njoroge
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Reinstate Suit and for Change of Advocate
Legal Issues
- 1 Whether the court should review, vary, rescind or set aside its orders dismissing the plaintiff's suit for noncompliance.
- 2 Whether the suit should be reinstated and allowed to proceed to hearing on the merits.
- 3 Whether the new firm of advocates should be granted leave to come on record for the plaintiff.
Ratio Decidendi
The court found that the issues raised in the plaintiff's application dated July 29, 2022, had already been litigated and determined in an earlier application, with a ruling delivered on February 23, 2022. As such, the doctrine of res judicata applied, precluding the court from re-examining the same matters. The court therefore dismissed the application for reinstatement of the suit and for review or setting aside of the dismissal orders. However, the court allowed the new firm of advocates to come on record for the plaintiff. The file was marked as closed and ordered to be archived.
Court Disposition
application dismissed; leave granted for new advocate to come on record; file closed
Orders
- The application dated July 29, 2022 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Njoroge v Kamau & another (Environment & Land Case 468 of 2011) [2022] KEELC 15646 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15646 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 468 of 2011
LN Mbugua, J
December 20, 2022
Between
David Gathuka Njoroge
Plaintiff
and
Joseph Njoroge Kamau
1st Defendant
Ann Mbairee Njoroge
2nd Defendant
Ruling
1. Before me is an application dated July 29, 2022 where the plaintiff seeks the following orders:i.Spent.ii.That the firm of Mutundu Wallace Advocates be granted leave to come on record for the plaintiff/applicant.iii.That the honourable court be pleased review/vary, rescind and /or set aside its own orders made on September 24, 2018 dismissing the plaintiff’s suit in the event of noncompliance with court orders within 30 days which were not complied with and substitute the same with an order reinstating the suit.iv.That the honorable court may be pleased to order that the case do proceed to hearing and determination on merit.v.That this honourable court do issue any other order that would deem fit to grant “suo motto” as to expeditious disposal of the application to meet the interest of justice.vi.That the cost of this application be in the cause.
2. I find that the issues raised in the aforementioned application were litigated in an earlier application dated September 21, 2021, leading to a pronouncement of this court in a ruling delivered on February 23, 2022. In view of that ruling, this court cannot embark on determining the same issues all once again. The application dated July 29, 2022 is hereby dismissed with no orders as to costs, save that the new advocate is allowed to come on record. This file is marked as closed and shall be taken to the archives.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Njigina holding brief for Chege for Plaintiff ApplicantCourt assistant: Eddel