Sansonne Banini t/a The Maji Beach Boutique Hotel v National Land Commission & 4 others [2017] KEELC 2242 (KLR)
- Court
- Environment & Land Court
- Case number
- 2242
- Citation
- [2017] KEELC 2242 (KLR)
Summary at a glance
TypeCivilPostureAppeal from a previous order denying leave to file a defence and counter-claimCoramHonourable Judge
The application is barred by the doctrine of res judicata and is dismissed.
Facts
The Interested Party/Applicant sought leave to file a defence and counter-claim, supported by six grounds, including that the case was coming up for mention on 30th August 2016.
Issues
- Whether the application is barred by the doctrine of res judicata due to a previous suit between the same parties and issues already determined.
- Whether the application should be granted in the interest of equity and justice.
Reasoning
The Court found that the issue has already been determined in a previous suit, and the Interested Party/Applicant cannot seek the same reliefs as in the previous applications.
Outcome
Application dismissed
Orders
- Application for extension of time was disallowed for good reason.
- Leave to file pleadings was granted.
Authorities cited
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