Juma & 10 others v Wali & 2 others (Civil Appeal E081 of 2021) [2024] KECA 577 (KLR) (24 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 577
- Citation
- [2024] KECA 577 (KLR)
- Decided
- 24 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the Environment and Land CourtCoramC. K. Yano, GV ODUNGA, Kneller
Holding
The court held that the suit was res judicata in respect of Mombasa Civil Suit No 110 of 2006, Mombasa HCC No.123 of 2009 and Constitutional Petition No.136 of 2011.
Facts
The appellants sought a declaration that they had acquired Plot No.137/I/MN by adverse possession, claiming they had occupied and resided in the suit property since 1990.
Issues
- Whether the instant suit is res judicata in respect of previous cases
- Whether the conditions for res judicata are met
Reasoning
The court found that the matters raised in those previous cases were substantially the same as those in the present suit, and the parties were the same or privies claiming under them.
Outcome
Affirmed
Authorities cited
Cases cited (3)
- Karia and Another v. The Attorney General and Others, [2005] 1 EA 83, 89.
- Independent Electoral and Boundaries Commission vs Maina Kiai and 5 Others [2017] eKLR.
- Communications Commission of Kenya & 5 others vs Royal Media Services Limited & 5 others [2014] eKLR.
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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