Thomas Mutere Kusienya v Jamin Juma Wekesa & 13 others [2018] KEELC 1670 (KLR)
- Court
- Environment & Land Court
- Case number
- 1670
- Citation
- [2018] KEELC 1670 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramN.A. MATHEKA
Holding
The court strikes out the case as it is res judicata and sub judice, and lacks jurisdiction to hear the matter.
Facts
The plaintiff claimed ownership and possession of land parcels L.R. NO.S KAKAMEGA/LUGARI/2079, 2076 and 2361, which were subdivisions of a larger parcel of land. The defendants claimed these parcels were part of a larger land dispute that had been previously decided.
Issues
- Whether the current case is res judicata and sub judice
- Ownership and possession of the land parcels
Reasoning
The court found that the land parcels in question were part of a larger land dispute that had been previously decided in a previous judgment, and thus the current case is res judicata and sub judice.
Outcome
The case is struck out with costs to the defendants.
Authorities cited
Legislation (1)
- Civil Procedure Act Cap 21
Cases cited (3)
- Kakamega Misc. Award No. 106 of 2000
- Kakamega HCCA No. 145 of 2003
- Lugari Land Dispute Tribunal No. 9 of 2000
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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