Alice Ariko Makokha v Benford Musungu Dismas [2018] KEELC 1809 (KLR)
- Court
- Environment & Land Court
- Case number
- 1809
- Citation
- [2018] KEELC 1809 (KLR)
- Decided
- 20 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgment in a succession causeCoramN.A. MATHEKA
Holding
The plaintiff's claim is res judicata due to a previous judgment in Kakamega High Court Succession Cause No. 372 of 1996, and the suit is struck out with costs to the defendant.
Facts
The plaintiff claims that the defendant fraudulently encroached and registered 8 acres of land without her consent, and interfered with the land's boundary features.
Issues
- Res judicata in a previous succession cause
- Fraudulent encroachment and boundary interference
Reasoning
The court found that the plaintiff's claim was res judicata as it was previously decided in a succession cause, and thus the current suit is barred.
Outcome
The plaintiff's claim is dismissed with costs to the defendant.
Orders
- The plaintiff's claim is struck out with costs to the defendant.
Authorities cited
Cases cited (1)
- Kakamega High Court Succession Cause No. 372 of 1996
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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