https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4333

**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LANFD COURT AT NYANDARUA** **ELC NO E012 OF 2026** **P[ETER NJUGUNA NJOROGE................................................PLAINTIFF** **VERSUS** **JOSEPH MBURU NJOROGE.................................................DEFENDANT** **RULING** In the Notice of Preliminary Objection by the Defendant dated 23/3/2026 it is urged that the Plaintiffs’ suit and Application is *res judicata* because the issues raised herein concerning the ownership of L.R No. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch/594 were directly and substantially in issue in previous proceedings culminating in ELC Appeal No. E022 OF 2025 where the Plaintiff herein was a party or litigated under the same Title and that this claim was heard and determined. He therefore pleads that this Court is therefore *functus officio* on the issues raised and therefore lacks jurisdiction to re-open or relitigate the same. He further says that this suit is accordingly intended to circumvent a binding Judgment. And he finally states that the suit discloses no reasonable cause of action and the same ought to be struck out in time with costs. In the undated Plaint the Plaintiff urges this Court to grant him the following reliefs against the Defendant :- 1. A declaration that the transfer and registration of L.R No. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch) /594 jointly in the sole names of the Defendant was fraudulentl, illegal, null and void. 2. An order cancelling the Title Deed issued in the name of the Defendant. 3. An order directing the Land Registrar, Nyandarua to register L.R NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch) /594 jointly in the names of the Plaintiff and the Defendant . 4. An order that the said land be sub-divided and shared equally between the Plaintiff and the Defendant. 5. A permanent Injunction restraining the Defendant from cutting trees, cultivating, constructing structures, selling, transferring, changing or otherwise dealing with the suit property. 6. Costs of the suit. 7. Any other relief this Court may deem fit and just to grant. In Nyandarua ELCA No e022 of 2025 Joseph Njuguna Mburu the Defendant herein was the 1st Respondent and the prayers sought in the lower Court from which the Appeal emanated i.e Nyandarua MCELC No. 58 of 2019 were: - 1. A Declaration that the land s parcel No’s NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch ) /596, 595 AND 594 were s compiled in the original parcel of land No’s 561 and 242 and is the sole property of the Deceased ( George Chege Karanja). 2. A Declaration that the 2nd Respondent (Malewa Ranching Co Ltd) holds Title to NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 ( Malewa Ranch ) /594 as a trustee for the Deceased. 3. An order that the Respondents do transfer land parcel No. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch ) /594 to the Deceased and in default the Deputy Registrar of this Court be directed to execute the documents necessary to transfer the said land to the Deceased. 4. In the alternative to the above, there be a Declaration that the Deceased has acquired Title for land parcel No. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch ) /594 by way of adverse possession. 5. Costs of the suit. 6. Any further or better relief this Court may deem fit to grant. In his Counter-claim, the 1st Respondent, Joseph Mburu Njoroge prayed for an order requiring the Deceased to remove every and all the structures erected upon the said parcel of land NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch) /594 and costs of the suit. When the suit was going on in the lower Court and especially on 3/4/2024, Peter Njuguna Njoroge, the Plaintiff in this case joined in as the 3rd Defendant and made the following prayers: - 1. A Declaration that the transfer of L.R NO. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch ) /594 TO THE 1ST Respondent - the Defendant herein was fraudulent, illegal, corrupt, null and void. 2. Cancellation of Title Deed for L.R No. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch) /594 ISSUED TO THE 2ND Defendant and entry No’s 2 and 3 in the Green card and for re-transfer of the suit land to the joint names of the 2nd Defendant and 1st Respondent. 3. An order of permanent injunction restraining Joseph Karanja Chege from interfering with the parcel of land L.R No. NYANDARUA/KIPIPIRI/LERESHWA BLOCK 1 (Malewa Ranch) /594. 4. Costs of the suit and the Counter-claim. These prayers are the same ones made by the Plaintiff herein in the previous suit against the Defendant herein and this makes this suit *res judicata* and I agree with the Defendant that it should be dismissed with costs and so I do. **Ruling dated and signed at Nyandarua this 9th day of July, 2026.** **MUGO KAMAU** **JUDGE** In the presence of: Samson……. C/A Plaintiff in person. Ms. Wahome for the Defendant.