https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3742

Kariri & 6 others v Agendi Investments Company Limited (Environment and Land Miscellaneous Case E009 of 2025) [2026] KEELC 3742 (KLR) (18 June 2026) (Ruling) Neutral citation: [2026] KEELC 3742 (KLR) Republic of Kenya In the Environment and Land Court at Nyandarua Environment and Land Miscellaneous Case E009 of 2025 JM Kamau, J June 18, 2026 Between Stephen Kamau Kariri & 6 others & 6 others Applicant and Agendi Investments Company Limited Respondent Ruling 1.Before me is a Preliminary Objection dated 16/10/2025 to the effect that this suit relates to a boundary dispute and cannot be heard since by dint of Section 7 of the Civil Procedure Act the same is res judicata. The same is made on behalf of the Respondent. According to the Respondent what makes it Res judicata is Nyahururu ELC No. 312 of 2017 and that therefore this Court lacks jurisdiction to entertain this matter. I called for the file from Nyahururu which was brought to me and after perusing the latter file, I was able to find that in the Plaint dated 15/2/2017 and filed 2 days later on 17/2/2017 the Plaintiff, John Kimani Njogu Ng’ang’a sued Stephen Kamau Kariri and others whom he did not name in the Originating Plaint where he sought for a prayer of permanent orders restraining the said Defendants by themselves, their agents, servants, workers and/or others claiming through or under them from interfering with the processing of Title Deeds by the officials of Agendi Investment for parcel of land known as Nyandarua/mawingo Salient/396 for 48 members of Agendi Investments Co. Ltd who are entitled to the land. 2.He also sought the costs of the suit and any other or further relief as may deem fit to the Court to grant. To get to seeking these prayers, the Plaintiff averred that he was the chairman of Agendi Investments Company Limited and had the consent of the Secretary and Treasurer respectively to file the suit on his and their behalf. He said that through the company he had purchased a parcel of land known as Nyandarua/mawingo Salient/396 on behalf of her 48 members which was demarcated and each of the 48 members took possession of his respective parcel and did develop it. But that the Defendants had filed a restriction without disclosing the reasons for so doing hence denying the officials the opportunity to complete the transaction at the survey level causing delay in the processing of Title Deeds by the Officials of the company. In the Statement of Defence by Stephen Kamau Kariri, the first Defendant denied that the Plaintiff had obtained consent from other officials to file the suit and that he equally lacked capacity to file the suit on behalf of the company which is a limited liability company. Admitting that the company had bought the suit land and given it out to its respective 48 members who had taken possession of their respective portions he denied that he also placed a restriction and attributed its registration to all the 48 members of the company to secure their interest in the land who had been denied their Title Deeds since 1993 and that he had not stopped the company or its officials from processing the Title Deeds for individual members. The 1st Defendant’s Defence is dated 3/3/2017 and filed on even date. 3.On 5/12/2018 the Court (Honourable Lady Justice M.C Oundo) upon an Application being made by the Plaintiff ordered that: - 1.The transfer documents be prepared for the members who are fully paid up, a list to be supplied to counsel for the Plaintiffs by the Counsel for the Defendant forthwith. 2.Further orders are to the effect that the remaining members who have not paid do so within the next 45 days as prayed. 3.The matter to be mentioned on 4/3/2019 to confirm compliance. 4.Thereafter there were contempt proceedings against the Plaintiff, Alex Maina Mbugua and Samuel Mburu Kiarie, the 2 Directors of the company in the Application by the Defendants dated 4/6/2019 which was dismissed on the 6/5/2020. That is the last action on the file -Nyahururu ELC case No. 312 of 217. 5.Then the current suit was filed on 31/5/2025 for the following orders: -1.THAT the Deputy Registrar of this Court be authorized to execute the transfer documents and any other documents required at the land registry for purposes of effecting s transfer of the lands known as Nyandarua/mawingo Salient/6611 TO 6655 to the Applicants.2.Costs to be provided for. 6.The Applicants are Stephen Kamau Kariri (the first Defendant in the former suit) and 6 others suing on their own behalf and on behalf of and in the interest of 41 other members. The 7 indicate the 41 others are on a list attached to the Supporting Affidavit sworn on even date. 7.Going by the above, I can’t say that the current suit is Res judicata. The same is a continuation of Nyahururu ELC No. 312 of 2017 for purposes of execution and should not even have been filed separately in the first place. Unfortunately, the said suit abated due to the death of the Plaintiff and was dismissed on 17/6/2034. The option open to the Applicants herein was to apply for the reinstatement of the former case and proceed with the same but not to file a separate suit which is a non-starter.I will therefore disallow the Application dated 3/5/2025 with costs. RULING READ DATED AND DELIVERED AT NYANDARUA THIS 18TH DAY OF JUNE, 2026.MUGO KAMAUJUDGEIn the Presence of: -Court Assistant: SamsonApplicant’s Counsel: Mr. Macharia.Respondent’s Counsel: Mr. Kihoro Kimani.