Fadhila Zahran Mohamed v Khadiha Abdulkaman Mwinzagu & 2 others [2018] KEELC 3933 (KLR)
- Court
- Environment & Land Court
- Case number
- 3933
- Citation
- [2018] KEELC 3933 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramC. YANO
Holding
The application is barred by the doctrine of res judicata and is dismissed with costs.
Facts
The plaintiff filed a motion seeking restraining orders against the defendants over a shop on a specific plot of land belonging to the Wakf of the late MWANAMISHI BINTI AZIZ BIN JUMA. The defendants filed a preliminary objection claiming res judicata.
Issues
- Whether the court has jurisdiction to entertain the application
- Whether the application is barred by the doctrine of res judicata
Reasoning
The court found that the issues raised in the current application were substantially the same as those in a previous application, and thus barred by res judicata.
Outcome
Appeal dismissed
Orders
- The application is dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (5)
- Bernard Mugo Ndegwa v James Nderitu Githae & 2 Others (2010)eKLR
- Nancy Mwangi t/a Worthlin Marketers v Airtel Network (K) Ltd (formerly Celtel Kenya Ltd) & 2 Others (2014)eKLR
- Kamunye & Other v Pioneer General Assurance Society Ltd (1971) EA 263
- John Florence Maritime Services Ltd & Another v Cabinet Secretary for Transport and Infrastructure & 3 Others (2015)eKLR
- MWK v AMW (2016)eKLR
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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