Samson Mariko Makubo v Joseph Mwita Ragiti & 4 others [2020] KEELC 3764 (KLR)
- Court
- Environment & Land Court
- Case number
- 3764
- Citation
- [2020] KEELC 3764 (KLR)
- Decided
- 15 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendants raised a preliminary objection to the plaintiff's suit.CoramG.M.A Ongondo
Holding
The court dismisses the suit and orders costs to the defendants.
Facts
The plaintiff claims that the defendants trespassed into and uprooted his trees on the suit land. The defendants deny the claim and state that the suit land does not exist.
Issues
- jurisdiction
- sub-judice
- lack of locus standi
- premature suit
- fraud
- res judicata
Reasoning
The court finds the suit to be res judicata and sub judice, and dismisses it.
Outcome
Dismissed
Orders
- dismissal of the suit
- costs to the defendants
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya, 2010
Cases cited (3)
- Kenyariri v. Kinyanjui
- Kamunye v. Kinyanjui
- Rev Madara Evans Okango Dando v. Kinyanjui
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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