Wilson Kiarie Kimani (suing as the personal representative of Margaret Wangui Kimani) v Aberdare Investment Limited & 3 others [2021] KEELC 3824 (KLR)

Facts

The Plaintiff/Applicant is the Administrator of the estate of Margaret Wangui Kimani. The deceased was the absolute allotee of the suit property and the Plaintiff after her demise paid all the requisite fees and received a certificate of lease in her name. The 1st Defendant/Respondent has demolished constructions on the land and claims ownership.

Issues

1. Whether the suit is Res Judicata
2. Whether the Plaintiff/ Applicant is entitled to the Injunctive Orders sought
3. Whether the 1st Defendant/ Respondent is entitled to the orders of stay of proceedings sought

Reasoning

The Court found that the subject matter of the two suits is not the same and thus the suit is not Res Judicata. The Plaintiff/Applicant established a prima facie case and the Court considered that the evictions would cause irreparable loss.

Outcome

The Plaintiff/ Applicant is entitled to the injunctive orders sought.

Authorities cited