Michael Maina Ndugo v Ntikya Enterprises Limited [2017] KEELC 2308 (KLR)
- Court
- Environment & Land Court
- Case number
- 2308
- Citation
- [2017] KEELC 2308 (KLR)
- Decided
- 22 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an order granting injunctive reliefCoramE. O. OBAGA
Holding
The applicant's application for injunctive relief is res judicata, and the application is dismissed with costs.
Facts
The defendant/applicant filed a Notice of Motion seeking to restrain the plaintiff/respondent from constructing on the suit land, discharge an injunction, and award costs. The plaintiff/respondent moved for injunctive relief due to the defendant/applicant's construction on the land.
Issues
- Res judicata of the applicant's application for injunctive relief
- Merits of the applicant's application
Reasoning
The court found that the issue of injunction had been settled by a previous competent court ruling, and the applicant's application is res judicata.
Outcome
The application is dismissed with costs.
Orders
- The applicant's application for injunctive relief is dismissed with costs.
- The injunction granted on 18th November, 2015 is not discharged.
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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