Teresia Kagure Kagitu v Peter Mutua Musee (Environment & Land Case 137 of 2012) [2019] KEELC 2807 (KLR) (Environment and Land) (27 June 2019) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2807
- Citation
- [2019] KEELC 2807 (KLR)
- Decided
- 27 June 2019
The Plaintiff's suit is res-judicata and an abuse of the court process, and is therefore struck out with costs to the Defendant.
Facts
The Plaintiff filed an original suit seeking to be registered as the owner of LR No. Nairobi/Block 113/98 by adverse possession. She also sought an injunction against the Defendant. The Defendant filed a counter-claim seeking an injunction against the Plaintiff and an order for removal of structures.
Issues
- Whether the Plaintiff's current suit is res-judicata
- Whether the Plaintiff's current suit is an abuse of the court process
Reasoning
The Plaintiff's previous suit (ELC 137 of 2012) was fully heard and decided, and she should have raised her adverse possession claim as a defence to the Defendant's counter-claim. The current suit is therefore res-judicata and an abuse of the court process.
Outcome
The Plaintiff's suit is struck out with costs to the Defendant.
Orders
- The Plaintiff's suit is struck out with costs to the Defendant
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