Joseph Wanjohi Muriithi & 3 others v Peter Muthigani & 9 others [2020] KEELC 1978 (KLR)
- Court
- Environment & Land Court
- Case number
- 1978
- Citation
- [2020] KEELC 1978 (KLR)
- Decided
- 8 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for strike out of suit as res judicataCoramE.C. CHERONO
Holding
The application is dismissed with costs to the respondents.
Facts
The 3rd to 10th defendants/applicants filed a suit in LDT No. 5 of 2003 (Baricho) against Peter Githinji Muthigani and Muriithi Ngari Mbaru, seeking the division of land parcel No. MWERUA/KANYOKORA/18 into equal portions. The suit was later opposed and the land parcels were cancelled.
Issues
- Whether the suit herein is res-judicata or not
Reasoning
The current suit seeks to declare the orders of the Land Disputes Tribunal irregular, illegal, null and void, which were not issues in the previous suit.
Outcome
Dismissed
Orders
- The application is dismissed with costs to the respondents.
Authorities cited
Legislation (1)
- Civil Procedure Act
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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