Musa Wambugu John v Miriam Njoki Gitonga & another [2021] KECA 829 (KLR)

Facts

The appellant filed a suit in Nyahururu PMCC No. 173 of 1999 seeking an order that the registration of the 1st respondent as proprietor of land parcel No. Nyandarua/Kiriita Mairoinya Block II Ngaindethia 3551 and subsequent transfer of the aforesaid parcel to the 2nd respondent was illegal, null and void. The trial court entered judgment in favor of the appellant, but the respondents moved to the High Court to challenge the judgment. The Environment and Land Court (Sila, J) overturned the decision of the trial court, holding that the suit was res judicata and that the appellant was not entitled to the land.

Issues

1. Whether the suit filed by the respondent was res judicata
2. Whether the learned Judge erred in law and fact in directing the Land Registrar to correct the appellant's title for parcel No. 419 to reflect one acre or thereabouts and not two acres

Reasoning

The learned Judge held that the suit was res judicata and that the appellant was not entitled to the land. The court found that the appellant could not seek a claim of the same through Nyahururu PMCC No. 173 of 1999 while the decision in Nyahururu PMCC No. 116 of 1995 still stood.

Outcome

Appeal dismissed

Authorities cited