Mbaru & 12 others v Mombasa County Government & 20 others (Civil Appeal E020 of 2021) [2024] KECA 192 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 192
- Citation
- [2024] KECA 192 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High CourtCoramGV ODUNGA, Majanja, Munyao, Munyao Sila, Regan, Waki
Holding
The appeal is dismissed. The doctrine of res judicata applies, and the issues are caught up by it. The reliefs sought are still tenable.
Facts
Previous suits were filed in the High Court in respect of Buxton Estate, Petition No. 39 of 2016 and Petition No. 6 of 2017, both brought by Legal Advice Centre, Haki Yetu St. Patricks, Transparency International, and Jack Maina.
Issues
- whether the finding of res judicata was proper
- whether the status of the suit land was properly dealt with
- whether the award of costs was proper
- whether the reliefs sought are still tenable
- what orders ought to be made on costs
Reasoning
The Court agrees with the trial court's findings on res judicata, as the previous suits were public interest litigation and the issues were the same. The doctrine of ex turpi causa non oritur actio does not apply as the previous suits were not illegal.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Selle & another vs. Associated Motor Boat Co. Ltd & others [1968] EA 123
- Mbogo & Another v Shah [1968] EA 93
- Nicholas Francois Marteemns & Others v South African National Parks Case No. 0117
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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