Alfred Nyongesa Wakhungu v Gabriel Makokha Wakhungu Francis Amwayi Mayabi [2019] KEELC 1679 (KLR)

Facts

The plaintiff, Alfred Nyongesa Wakhungu, claimed that he was the registered proprietor of L.R. No. North Wanga/Matungu/235, which was split between him and the defendant Gabriel Makokha Wakhungu by a decision of the Matungu Land Disputes Tribunal. The defendant subsequently subdivided the land into L.R. Nos. North Wanga/Matungu/2799 and 2800 in the plaintiff's name. The plaintiff sought cancellation of these new land registration numbers and costs.

Issues

1. Validity of the land subdivision
2. Abuse of court process

Reasoning

The court found that the plaintiff's suit was an abuse of the court process as he had already filed a fresh suit after the initial judgment. The court also noted that the plaintiff did not appeal the initial court order regarding the land subdivision.

Outcome

Dismissed with no orders as to costs

Authorities cited