Makau Muliko Kivinda & 2 others v Musyoki Mutuku [2017] KEELC 3237 (KLR)
- Court
- Environment & Land Court
- Case number
- 3237
- Citation
- [2017] KEELC 3237 (KLR)
- Decided
- 31 March 2017
The court dismissed the Appellants' appeal, finding that the previous suit was not res judicata and that the court had jurisdiction to hear the current suit.
Facts
The Respondent claimed ownership of plot 1208 in Kalongo Adjudication Section, alleging that he had inherited it from his father. The Appellants filed a preliminary objection claiming the suit was res judicata due to a previous ruling in Kilungu CMCC No. 19 of 2011.
Issues
- Whether the previous suit in Kilungu CMCC No. 19 of 2011 was res judicata
- Whether the court had jurisdiction to hear the current suit
Reasoning
The court ruled that the previous suit was not res judicata because the court did not have jurisdiction over the area under litigation due to it being in an adjudication section. The court also found that the Respondent could file a similar suit after obtaining the consent of the Land Adjudication Officer.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Adjudication Act
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