[2025] KEELC 5314 (KLR)
The court found that there exists another suit, Narok Suit No. 6 of 2020, filed before the Magistrate Court in Narok involving the same parties and relating to the same subject matter as the present suit. Upon perusal of both files, the court determined that the substance of the two suits is identical. Therefore,...
Source-derived case information.
- Citation
- [2025] KEELC 5314 (KLR)
- Parties
- Plaintiff: Lekuta Ololoisa; Defendant: Parsaloi ole Tongoyo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons 27 of 2020
- Procedural Posture
- Originating Summons / Ruling on Preliminary Objection
- Outcome
- preliminary objection allowed; suit found to be sub-judice
- Judges
- MN Kullow
- Legal Topics
- Sub Judice, Adverse Possession, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lekuta Ololoisa
Plaintiff
Parsaloi ole Tongoyo
Defendant
Procedural Posture
Originating Summons / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is sub-judice due to the existence of Narok Suit No. 6 of 2020 between the same parties and on the same subject matter.
- 2 Whether the present suit offends the provisions of the Civil Procedure Act regarding multiplicity of suits.
Ratio Decidendi
The court found that there exists another suit, Narok Suit No. 6 of 2020, filed before the Magistrate Court in Narok involving the same parties and relating to the same subject matter as the present suit. Upon perusal of both files, the court determined that the substance of the two suits is identical. Therefore, the present suit is sub-judice and offends the provisions of the Civil Procedure Act, which prohibits the existence of parallel proceedings on the same subject matter between the same parties. The court allowed the preliminary objection and held that the present suit cannot proceed while the earlier suit is pending.
Court Disposition
preliminary objection allowed; suit found to be sub-judice
Orders
- The preliminary objection dated 6th November 2020 is allowed.
- The present suit is found to be sub-judice and cannot proceed.
Full Case Text
Judgment text and source record
20 paragraphs
Ololoisa v Tongoyo (Enviromental and Land Originating Summons 27 of 2020) [2025] KEELC 5314 (KLR) (14 July 2025) (Ruling)
Neutral citation: [2025] KEELC 5314 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Enviromental and Land Originating Summons 27 of 2020
MN Kullow, J
July 14, 2025
IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22 AND IN THE MATTER OF A CLAIM FOR ADVERSE POSSESSION PURSUANT TO SECTION 38 OF LIMITATION OF ACTION ACT
Between
Lekuta Ololoisa
Plaintiff
and
Parsaloi ole Tongoyo
Defendant
Ruling
1. The Defendant/Applicant had filed a Preliminary objection dated 6th November 2020 stating that the suit herein offends the provision of Civil Procedure Act in so far as there exist another matter being Narok Suit No. 6 of 2020 pending before the Chief Magistrate’s Court between the Defendant and the Plaintiff herein.
2. It is the Defendant’s contention that this matter is thus sub-judice
3. I have thus considered the Preliminary Objection raised and the submissions filed by the Defendant’s counsel, I do find that there exists another suit filed before the Magistrate Court in Narok, and therefore in present suit before is thus sub-judice
4. However, having perused both files I do find that the substance of the suit is same and relates to the same subject matter and consequently, I will allow the Preliminary Objection dated the 6th November 2020 and find that this matter is sub-judice.It is so ordered!
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON 14TH DAY OF JULY, 2025. MOHAMMED N. KULLOWJUDGERuling delivered in the presence of: -……………………… for the Plaintiff………………………… for the DefendantsPhilomena W. Court Assistant