Ngugi & 7 others v Fikah Acres Limited & 2 others (Civil Appeal 87 of 2018) [2024] KECA 1239 (KLR) (20 September 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1239
- Citation
- [2024] KECA 1239 (KLR)
- Decided
- 20 September 2024
The court held that the appellants' presence is not necessary for the court to adjudicate on the dispute, and that the application was res judicata due to previous rulings and the settlement agreement.
Facts
The appellants sought to join the Intended Interested parties as parties to the case, and sought injunctive orders against the 3rd respondent (Fika Acres Limited) regarding several parcels of land they had bought from the 3rd respondent. The 3rd respondent opposed the application, arguing it was res judicata due to previous rulings.
Issues
- Whether the appellants' presence is necessary for the court to adjudicate on the dispute.
- Whether the application was res judicata due to previous rulings and the settlement agreement between the 2nd respondent and KPCU.
Reasoning
The court ruled that the appellants' claim was based on an alleged sale between them and the 2nd respondent, and that some properties they sought were the same properties that had already been sold to the 3rd respondent, who is now the registered owner. The court also held that the decision on the reliefs sought by the 4th defendant will not assist in resolving the dispute between the appellants and the 4th defendant.
Outcome
The appeal was dismissed.
Orders
- The appellants' application was dismissed.
- The 1st respondent was not privy to the contract that forms the basis of the appellants' application.
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