Hamisi & another (Suing as the administrators of the Estate of the Late Hamisi Shaban Otinga - Deceased) v Shiraho & another (Suing in their capacity as the administrators of the Estate of the Late Richard Shiraho) (Civil Appeal 60 of 2020) [2025] KECA 539 (KLR) (21 March 2025) (Judgment)

Facts

The appellants filed a suit in the ELC at Kisumu, claiming that the deceased Hamisi Shaban Otinga was allocated the property known as Kisumu Municipality Block 5/973 by the Commissioner of Lands on 27th April 1998. The deceased Richard Shiraho fraudulently obtained a similar allotment letter on 6th May 1998 and registered himself as the proprietor, leading to the appellants seeking to have the allotment letter and registration struck out.

Issues

1. Whether the appellants' suit was res judicata
2. Whether the appellants' application for review should be allowed

Reasoning

The ELC made a factual and legal error in finding that the judgment on appeal had no effect on the earlier ruling that the appellants' suit was res judicata. The learned Judge did not apply his mind to crucial factors that provided sufficient reason to review the orders made on 13th July 2016.

Outcome

Appeal allowed