Kitui Ole Yiamboi & another v Agricultural Finance Corporation & 102 others [2016] KEELC 36 (KLR)
- Court
- Environment & Land Court
- Case number
- 36
- Citation
- [2016] KEELC 36 (KLR)
- Decided
- 25 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from a previous judgmentCoramJ. M. MUTUNGI, Mr. Otieno, Mr. Mamboga, N/A, Ms. Ogonjo, Mr. Ogola, Mr. Ngare Court Assistant
Holding
The petition is res judicata and lacks merit, dismissed with costs to the 1st respondent
Facts
The petitioners are the legal representatives of the Estate of Joseph Murumbi. They seek a declaration that the sale of land reference number Transmara/Intona/2 to the 1st respondent was fraudulent, illegal, unlawful, and unconstitutional. They also seek an order for cancellation of title numbers Transmara/Intona/33 and 34 and an order directing that transfer be effected in favor of the petitioners.
Issues
- Whether the petition is res judicata
- Whether the petition lacks merit
Reasoning
The court dismissed the petition as res judicata because the petitioners did not join in the previous suit and the ownership of the property was finally determined in that suit.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- E. T –vs- Attorney General & Another [2012] eKLR
- Omondi –vs- National Bank of Kenya Ltd and Others [2001] EA 177
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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