Kifaru Investment Limited & 6 others v Kihingo Vilage (Waridi Gardens Ltd); James Ndungu Hithenji & 3 others (Contemnors) & 4 others [2020] KEELC 3589 (KLR)
- Court
- Environment & Land Court
- Case number
- 3589
- Citation
- [2020] KEELC 3589 (KLR)
- Decided
- 13 February 2020
The application dated 17 October 2019 is not subjudice to the one dated 8 July 2019. The two applications are res judicata, except for the prayer for removal of the firm of Musyoka Wambua & Katiku Advocates. The contemnors are not guilty of contempt of court.
Facts
The Applicants filed a suit against the Respondents, which was stayed and referred to arbitration. The arbitral award was later adopted as a court judgment. The Respondents filed an application for stay of proceedings and reference to arbitration. The Applicants filed two applications seeking orders against the Respondents and their contemnors.
Issues
- Whether the application dated 17 October 2019 is subjudice to the one dated 8 July 2019
- Whether the two applications are res judicata
- Whether the contemnors are guilty of contempt of court
Reasoning
The court determined that the application dated 17 October 2019 is not subjudice to the one dated 8 July 2019. The two applications are res judicata, except for the prayer for removal of the firm of Musyoka Wambua & Katiku Advocates. The court found that the contemnors are not guilty of contempt of court.
Outcome
The court dismissed the application dated 17 October 2019 as subjudice and found the two applications to be res judicata, except for the prayer for removal of the firm of Musyoka Wambua & Katiku Advocates. The court also found the contemnors not guilty of contempt of court.
Authorities cited
Cases cited (2)
- Civil Procedure Act
- Susan Nyambura Mwathi Vs Duncan Kiria Kabete ( 2019 ) eKLR
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