David Ngige Thuku & 2 others v Maria Waithera Maara & 3 others [2020] KEELC 2939 (KLR)
- Court
- Environment & Land Court
- Case number
- 2939
- Citation
- [2020] KEELC 2939 (KLR)
- Decided
- 30 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from a previous judgmentCoramD. O. OHUNGO
Holding
The plaintiffs' claim and the defendants' counterclaim are struck out for being res judicata.
Facts
The plaintiffs claim that the defendants demolished their house and fenced the suit property with barbed wire, claiming a portion of the property belongs to the defendants. The defendants claim the suit is res judicata and seek eviction of the plaintiffs.
Issues
- Res judicata
- Boundary dispute
Reasoning
The court found that the dispute has been litigated in previous civil and criminal courts and dismissed the plaintiffs' claim and the defendants' counterclaim as res judicata.
Outcome
The plaintiffs' claim and the defendants' counterclaim are struck out.
Authorities cited
Cases cited (4)
- Republic v Karisa Chengo & 2 others [2017] eKLR
- Gilgil Division Land Tribunal Case No. 8/16/2003
- CM Land Dispute No. 14 of 2003 (Nakuru)
- High Court Civil Appeal No. 64 of 2004 (Nakuru)
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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