Transmatresses Limited v County Government of Kisumu [2021] KEELC 3825 (KLR)
- Court
- Environment & Land Court
- Case number
- 3825
- Citation
- [2021] KEELC 3825 (KLR)
Summary at a glance
TypeLand Ownership DisputePostureAppeal from a preliminary objectionCoramANTONY OMBWAYO
The Preliminary Objection is dismissed with costs as the issue of ownership has been determined by the court, and the Plaintiff is seeking an injunction based on a new notice which has not been previously adjudicated.
Facts
The Plaintiff, Transmatresses Limited, claims to be the lawful owner of a parcel of land known as Kisumu Municipality/Block 9/24. The Plaintiff previously sued the County Government of Kisumu in 2011, where the court declared her as the lawful owner and issued an injunction. The current suit is based on a notice dated 9/12/2020.
Issues
- Whether the current suit is res judicata
- Whether the Plaintiff is seeking a determination on ownership or an injunction based on a new notice
Reasoning
The court found that the parties and subject matter are the same, but the Plaintiff's new cause of action regarding the notice dated 9/12/2020 has not been previously adjudicated, thus the Preliminary Objection is dismissed.
Outcome
Appeal dismissed
Orders
- Preliminary Objection dismissed with costs
Remedies
- Injunction
Authorities cited
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