Peter Ziro Koro & 2 others v Philiph Chilumo Mbaru [2019] KEELC 2254 (KLR)
- Court
- Environment & Land Court
- Case number
- 2254
- Citation
- [2019] KEELC 2254 (KLR)
- Decided
- 30 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the dismissal of a previous suit; Motion for injunctionCoramJ.O. OLOLA
Holding
The Plaintiffs' suit and application are dismissed with costs to the Defendant.
Facts
The Plaintiffs claim to be the bona fide owners of a parcel of land in Kilifi/Mtondia/320, which the Defendant has fenced off and is attempting to sell. The Plaintiffs had previously filed a suit in the Chief Magistrate Court which was dismissed as an abuse of process.
Issues
- Whether the Plaintiffs are the bona fide owners of the land
- Whether the Plaintiffs' suit is an abuse of process
Reasoning
The Court of Appeal's principle of res judicata is applied, stating that the Plaintiffs have failed to appeal their previous dismissal and have instead filed multiple suits, which is considered an abuse of process.
Outcome
Dismissed with costs
Orders
- The application for an injunction is struck out
- The suit is dismissed with costs
Authorities cited
Cases cited (1)
- William Koros –vs- Hezekiah Kiptoo Komen & 4 Others(2015) 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.
Loading judgment…