Nguruman Limited v Nielsen & another (Civil Appeal 20 of 2018) [2023] KECA 274 (KLR) (17 March 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 274
- Citation
- [2023] KECA 274 (KLR)
- Decided
- 17 March 2023
AI Summary
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TypeCivil AppealPostureAppeal from a High Court ruling and ordersCoramD. K. MUSINGA, DR. K. I. LAIBUTA, J. MATIVO
Holding
The appeal succeeds and the ruling and order of the High Court of Kenya at Nairobi (R. E. Aburili, J.) dated 28th March 2017 is hereby set aside.
Facts
Nguruman Limited sued Jan Bonde Nielsen and Peter Bonde Nielsen for restoration costs, damages, and other relief related to Oldonyo Laro Lodge. The respondents claimed they were partners in a tourism venture and had invested in the lodge.
Issues
- Whether the earlier suit in Nakuru (HCELC No 103 of 2009) was between the same parties or parties under whom they or any of them claim in Nairobi (HCCC No 237 of 2014)
- Whether the parties are litigating under the same title
- Whether Nairobi HCCC No 237 of 2014 is res sub judice to Nakuru HCELC No 103 of 2009
Reasoning
The court found that the parties in the two suits were not the same and that the Nairobi suit was not res sub judice to the Nakuru suit.
Outcome
The appeal is successful and the ruling and orders of the High Court are set aside.
Orders
- Each party shall bear their own costs of the appeal
Authorities cited
Cases cited (1)
- Ram Gobinder vs. Bhaktavala AIR 1971 SC 664
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