[2018] KEELC 1574 (KLR)
The court found that a previous suit involving the same parties and subject matter had been dismissed by the court on 6th April, 2017. Although the parties did not cite authorities, the court relied on the provisions of Order 8 of the Civil Procedure Rules. The court determined that the dismissal of the earlier suit...
Source-derived case information.
- Citation
- [2018] KEELC 1574 (KLR)
- Parties
- Plaintiff: Priscillah Chepkemoi Kimeto; Defendant: Jackson Chelogoi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 483 of 2017
- Procedural Posture
- Environment and Land Cause / Ruling on Notice of Motion to Dismiss Suit as Res Judicata
- Outcome
- suit dismissed as res judicata
- Judges
- MN Kullow
- Legal Topics
- Res Judicata, Dismissal of Suit, Prior Suit Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscillah Chepkemoi Kimeto
Plaintiff
Jackson Chelogoi
Defendant
Procedural Posture
Environment and Land Cause / Ruling on Notice of Motion to Dismiss Suit as Res Judicata
Legal Issues
- 1 Whether the present suit is res judicata due to prior dismissal of a similar suit between the parties.
- 2 Whether dismissal for want of prosecution constitutes res judicata.
Ratio Decidendi
The court found that a previous suit involving the same parties and subject matter had been dismissed by the court on 6th April, 2017. Although the parties did not cite authorities, the court relied on the provisions of Order 8 of the Civil Procedure Rules. The court determined that the dismissal of the earlier suit constituted a final determination of the issues between the parties, rendering the current suit res judicata. Consequently, the court dismissed the present suit as it was barred by the doctrine of res judicata, awarding costs to the plaintiff.
Court Disposition
suit dismissed as res judicata
Orders
- The suit is dismissed as res judicata.
- Costs awarded to the plaintiff.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 483 OF 2017
PRISCILLAH CHEPKEMOI KIMETO.......................PLAINTIFF
-VERSUS-
JACKSON CHELOGOI...........................................DEFENDANT
RULING
The Application before me is the Notice of Motion dated 7th November, 2017 seeking for the dismissal of the suit. The Application is made on the grounds that the suit before the court is res judicata in that the Plaintiff had earlier filed a suit being Nakuru ELC No. 171 of 2015 which was later transferred to Narok that is, Narok Elc No. 136 of 2017 which the same was dismissed on 6th April, 2017.
The Application was further based on the grounds that the Plaintiff’s husband had a similar suit being Nakuru HCCC NO. 97 of 2018 which was dismissed on 21st September, 2012 and because of the above, the Applicant contends that the instant suit is res judicata.
The Respondent has opposed the Application and has filed grounds of opposition to the Application and in the grounds, the Respondent states that the Application is not supported by any Affidavit and that the issues between the parties have not been heard on merit and dismissed for want of prosecution and this does not constitute res judicata.
I have read the application before me and grounds of opposition and the issue for determination before me is whether the suit before me is res judicata or not.
The issue of res judicata has been settled although the parties have not cited any authorities. The provision of order 8 are sufficient.
In the instant issue I find that this court had on 6th April, 2017 dismissed a similar suit in respect of the same subject matter between the parties and from the above I find the suit herein is res judicata and I dismiss the same with costs to the plaintiff.
DATED, SIGNED and DELIVERED in open court atNAROKon this27thday ofSeptember, 2018.
Mohammed Noor Kullow
Judge
27/9/18
In the presence of:
CA:Chuma/Timothy
N/A for the parties