Sofia Mangina Konstandinou v Ikono Investments Limited [2021] KEELC 3469 (KLR)
- Court
- Environment & Land Court
- Case number
- 3469
- Citation
- [2021] KEELC 3469 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from a previous ruling in ELC 473 of 2017CoramKuloba
Holding
The Plaintiff's suit is an abuse of the process of court and is struck out.
Facts
The Plaintiff is the registered owner of LR No.Nairobi/Block 91/48 and the Defendant is the registered owner of LR No.Nairobi/Block 91/47. The Defendant is constructing a multi-storey hotel on its property, which encroaches on the Plaintiff's property.
Issues
- Abuse of process
- Res judicata
Reasoning
The court found that the Plaintiff's suit is an abuse of the process of court due to the filing of multiple suits over the same property and issues that were previously determined in a previous ruling.
Outcome
The Plaintiff's suit is struck out.
Orders
- The Plaintiff's suit is struck out
Authorities cited
Cases cited (3)
- E.T. Vs The Attorney General & another (2012) e KLR
- Flora Wasike Vs Destino Wamboko (1988) e KLR
- Omondi Vs National Bank of Kenya Ltd (2001) 1 E.A 177(cck)
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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