Sylas Njeru M’Rithaa v M’Rithaa Thaara (Environment and Land Appeal 5 of 2019) [2019] KEELC 2543 (KLR) (15 July 2019) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2543
- Citation
- [2019] KEELC 2543 (KLR)
- Decided
- 15 July 2019
The court summarily rejected the appeal, finding that the suit is res judicata and that the plaintiff is not entitled to the orders sought.
Facts
The plaintiff, Sylas Njeru M’Rithaa, filed a suit claiming a portion of land (MUGUMANGO/63) in Chuka High Court Civil Appeal No. 33 of 2015. The defendant, M’Rithaa Thaara, filed a preliminary objection claiming the suit is res judicata and that the land was already dealt with in the previous case.
Issues
- Whether the suit is res judicata
- Whether the plaintiff is entitled to the orders sought
Reasoning
The court applied the principles of res judicata, finding that the issue of the land parcel MUGUMANGO/63 was substantially in issue in the previous case (Chuka High Court Civil Appeal No. 33 of 2015) and that the plaintiff failed to bring forward their case in a timely manner.
Outcome
Summary rejection of appeal
Orders
- The appeal is summarily rejected
- The suit is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 Laws of Kenya
- Constitution Article 159 and 501, 2 (k)
Cases cited (2)
- CHRISTOPHER KENYARIRI v SALAMA BEACH (2017) eKLR
- CHRISTOPHER ORINA KENYARIRI v SALAMA BEACH LIMITED (2017) eKLR
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