Reinder Holdings Limited v Joshua Omino & 4 others [2013] KEELC 2 (KLR)
- Court
- Environment & Land Court
- Case number
- 2
- Citation
- [2013] KEELC 2 (KLR)
- Decided
- 19 December 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the High CourtCoramKihara, Koome
Holding
The Application is not sub-judice and is not res judicata.
Facts
The Plaintiff filed a suit in the High Court seeking a permanent injunction against the 5th Defendant over the suit property. The 5th Defendant filed an Application to dismiss the suit for want of prosecution, which was allowed by Koome J. The Plaintiff then filed an Appeal, which was withdrawn.
Issues
- Whether the Application is sub-judice
- Whether the Application is res judicata
Reasoning
The Court found that the Appeal filed by the Plaintiff was withdrawn and that the issues before the High Court were the same as those before the Court. The Court also noted that the Plaintiff had filed an Application for injunctive orders in the High Court which was allowed before the suit was dismissed.
Outcome
The Application was dismissed.
Authorities cited
Cases cited (2)
- Civil Procedure Act
- Order 40 of the Civil Procedure Rules
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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