Doki Investment Ltd v Silas Kipchillat & 4 others [2017] KEELC 827 (KLR)
- Court
- Environment & Land Court
- Case number
- 827
- Citation
- [2017] KEELC 827 (KLR)
- Decided
- 24 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPosturePreliminary objection filed by the 1st defendantCoramM. A. Odeny
Holding
The preliminary objection has merit and is allowed with costs to the defendants. The suit is struck out.
Facts
The plaintiff filed a suit in Eldoret HCC No. 207 of 2009 against the 1st defendant, which was dismissed on 15/2/2017. The current suit is filed by the same plaintiff and the same defendant, with the same parties and subject matter.
Issues
- Res judicata
- Abuse of court process
Reasoning
The court dismissed the suit as it was res judicata and an abuse of the court process. The plaintiff did not provide evidence to prove that the previous suit was filed without authority.
Outcome
Struck out
Orders
- Suit is struck out
Authorities cited
Legislation (2)
- Civil Procedure Act CAP 21 of the laws of Kenya
- Evidence Act c
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.
Loading judgment…