Daniel Mesiri Kasoo & 7 others v Fredrick Nkonge Mutwiri & another [2020] KEELC 2948 (KLR)
- Court
- Environment & Land Court
- Case number
- 2948
- Citation
- [2020] KEELC 2948 (KLR)
- Decided
- 30 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetition for Preliminary ObjectionCoramHON. LUCY N. MBUGUA, Kuloba
Holding
The petition is not res judicata to the previous cited suits.
Facts
The petitioners claim the land as family members of Silonga Maser Ole Kaso, who allegedly bought the land from Elias Kiruja in 1982. Previous cases involving the same parties and issues were decided in favor of the 1st respondent.
Issues
- Whether the petition is res judicata to the previous cited suits
- Whether the petitioners are parties to the previous suits
Reasoning
The court found that the petitioners were not parties to the previous suits and that the issues in the previous cases were not the same as those in the current petition.
Outcome
The petitioners' preliminary objection was dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya 2010
Cases cited (3)
- Michael Gachoki Gicheru vs Joseph Karobia Gicheru Kerugoya ELC No. 783/2013
- ET vs Attorney General & another (2012) eKLR
- Omondi s NBK & Others (2001) EA 177
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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