Richard Kiplanagat Sigei v Grace Sang [2018] KEELC 3898 (KLR)

Summary at a glance

Facts

The applicant purchased 1.1 acres of land from the respondent's late husband in 1992 and occupied it. The respondent took out Letters of Administration and registered the land in her name in 1998. The respondent's sons started encroaching on the land in 2014.

Issues

• Whether the applicant’s application is res judicata
• Whether the applicant has met the threshold for the grant of an injunctive relief

Reasoning

The court applies the doctrine of res judicata, finding that the applicant's previous suit against the respondent was heard and decided by a court of competent jurisdiction, making the current application inadmissible.

Outcome

Application dismissed

Orders

• Application dismissed

Authorities cited