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Kenya decisions
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Maru v Kios & 4 others [2025] KEELC 5461 (KLR)
The court struck out a land injunction application for being improperly filed and sub judice, noting an existing case over the same parties and property.
Moffat & 14 others v Nthurima & 3 others [2025] KEELRC 2144 (KLR)
The court found that the preliminary objection raised by the respondents was not based on a pure point of law but was entangled with contested factual issues, particularly regarding whether the petitioners had exhausted alternative remedies and the process followed in amending the union constitution. The court noted that the issues of forged minutes and procedural irregularities required factual investigation and could not be resolved at the preliminary stage. The court further held that the registration of the amended constitution had already occurred, rendering some of the objections moot.…
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Ndeda v Otieno [2025] KEELC 5398 (KLR)
The court found that the plaintiff had established a prima facie case for adverse possession, as his occupation of the suit property since 2010 was uncontested and with the defendant's knowledge. The court held that the plaintiff would suffer irreparable harm if evicted before his claim is determined. The court rejected the defendant's arguments on res judicata, noting that the lower court struck out the adverse possession claim for want of jurisdiction, so it was not heard and determined on the merits. The court also found that the suit was not sub-judice, as there was no other pending suit…
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Wafula (Suing as the Attorney of Dismus Wanjala Wochuna) v Murunga & 6 others [2025] KEELC 5410 (KLR)
The court held that it could not grant the orders sought by the applicant because the original court file had been formally transferred to the Environment and Land Court at Kisumu, and there was no official communication confirming its loss or unavailability. The transfer of a suit between courts must follow statutory and procedural requirements, including a formal application and notice to all parties. Entertaining the application in a holding file would risk parallel proceedings and offend the doctrine of sub judice. The applicant had not demonstrated compliance with the proper procedure fo…
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Kithu & 8 others v Kithu & 2 others [2025] KEELC 5305 (KLR)
The court found that the preliminary objection did not raise a pure point of law because determining the parties' residences would require evidence. However, it was undisputed that the suit property is located in Mariakani, Kilifi County, and by operation of section 12(a) of the Civil Procedure Act, the suit ought to have been filed in ELC Malindi. Both ELC Mombasa and ELC Malindi have jurisdiction, but to comply with statutory requirements, the suit should be transferred to ELC Malindi. The court rejected dismissal or striking out, instead ordering transfer. Costs of the preliminary objectio…
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Ololoisa v Tongoyo [2025] KEELC 5314 (KLR)
The Environment and Land Court at Narok allowed a preliminary objection and held that the originating summons was sub judice because a similar case was pending.
Njuguna & 9 others (Suing as the Registered Trustees of Christian Outreach Ministries Worldwide) v Pesa [2025] KEMC 155 (KLR)
The court found that the present suit was filed while a previous suit involving the same parties and subject matter was pending before the Chief Magistrate's Court in Siaya (CMCC E079 of 2024). This constitutes a violation of the doctrine of sub judice under Section 6 of the Civil Procedure Act, as the issues and reliefs sought are substantially identical. Additionally, the dispute concerns the leadership and membership of a registered society, for which Section 18 of the Societies Act prescribes a mandatory internal dispute resolution mechanism involving the Registrar of Societies. The plain…
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Singh also known as Rajuinder Kaur Mohinder (Suing as the Executrix of the Estate of Mohinder Singh Bamrah) & another v Kiprop t/a Kiprop & Company Advocates [2025] KEHC 9917 (KLR)
The High Court dismissed a preliminary objection on limitation and sub judice, finding factual issues remained and the defendant had not proved the cited cases were directly the same.
Opiyo v KCB Bank Kenya Limited & 2 others; Omboto (Interested Party) [2025] KEHC 9801 (KLR)
The High Court at Kisumu dismissed a preliminary objection based on res judicata and sub judice, finding the earlier suits had been struck out or withdrawn for want of jurisdiction.
Ollang' v Chimba [2025] KEELC 5008 (KLR)
The court rejected a preliminary objection on res judicata and sub judice, but held the suit was filed over a cancelled parcel and allowed amendment instead of striking it out.
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