Phyllis Makokha Sundia (Suing as the Legal Representative of Lucas Sundia Muga) v Francis Tobias Okello [2021] KEELC 3574 (KLR)
- Court
- Environment & Land Court
- Case number
- 3574
- Citation
- [2021] KEELC 3574 (KLR)
- Decided
- 28 April 2021
Summary at a glance
TypeLand DisputePostureApplication for determination of a suit to be struck outCoramA. OMOLLO
The application is allowed with the result that this suit is struck out with costs of the suit and the application awarded to the Defendant/Applicant
Facts
The Plaintiff/Respondent is the mother of Gabriel Onyanchi, who is the legal representative of the estate of Lucas Sundia Muga. Gabriel Onyanchi was sued in ELC No. 44 of 2015 for eviction orders from the Suit Land. The Respondent claims that Gabriel Onyanchi was not acting on her behalf.
Issues
- Whether the suit is res judicata
- Whether the Respondent can represent the estate of Lucas Sundia Muga-deceased
Reasoning
The matter in issue is identical in both suits, the parties are the same, the title/claim is the same, there is concurrence of jurisdiction, and the previous decision was final. The previous suit was on behalf of the deceased estate just like the present one.
Outcome
Struck out
Orders
- This Suit be struck out
Remedies
- Costs of the suit and the application awarded to the Defendant/Applicant
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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