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Kenya Judgment

Environment and Land Court · Environment and Land Court at Narok

Ololoisa v Tongoyo [2025] KEELC 5314 (KLR)

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01

Holding and result

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.

02

Material facts

Parties

Lekuta Ololoisa

Plaintiff

Parsaloi ole Tongoyo

Defendant

03

Procedural history

  1. Posture

    Originating Summons / Ruling on Preliminary Objection

04

Questions and positions

Legal issues

Party arguments

Applicant
The defendant argued that the present suit is sub-judice as there is another matter, Narok Suit No. 6 of 2020, pending before the Chief Magistrate’s Court involving the same parties and subject matter. The defendant contended that proceeding with this suit would offend the Civil Procedure Act provisions against multiplicity of suits.
Respondent
The plaintiff did not file or present substantive arguments in response to the preliminary objection, as reflected in the ruling.

05

Court’s reasoning

  1. 01

    Section 6, Civil Procedure Act (Cap 21)

    A suit is sub-judice if there is another suit pending between the same parties and on the same subject matter before a competent court.

  2. 02

    Doctrine of sub-judice; Civil Procedure Act

    A party cannot maintain two parallel suits on the same subject matter and between the same parties.

06

Ratio, limits and disposition

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

  • The preliminary objection dated 6th November 2020 is allowed.
  • The present suit is found to be sub-judice and cannot proceed.

Source and reliance status

Environment and Land Court

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Judgment text

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Source document

Environment and Land Court

Judgment

[2025] KEELC 5314 (KLR)

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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Civil Procedure Act (Cap 21)

Legislation

Legislation referenced in the available case record.

Limitation of Actions Act (Cap 22)

Legislation

Legislation referenced in the available case record.

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