Peter Githiiyi Wanjiru & 3 others v Kioi Githiiyi & another [2017] KEELC 2623 (KLR)
- Court
- Environment & Land Court
- Case number
- 2623
- Citation
- [2017] KEELC 2623 (KLR)
- Decided
- 27 June 2017
Summary at a glance
TypeEvictionPostureApplication for eviction dismissedCoramS. Okongo
The Defendants' application is dismissed with costs.
Facts
The Plaintiffs are the administrators and beneficiaries of the estate of Mary Wanjiru Githiiyi (deceased). The Defendants seek eviction on the grounds of res judicata and trespass.
Issues
- Res judicata
- Trespass
Reasoning
The court found that the present suit was not res judicata and that the issues raised were not substantially in issue in Kiambu Civil Suit No. 505 of 1993.
Outcome
Dismissed
Orders
- Application dismissed with costs
Authorities cited
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