Rehema Kazungu Baya v Tulip Development Limited [2021] KEELC 4005 (KLR)
- Court
- Environment & Land Court
- Case number
- 4005
- Citation
- [2021] KEELC 4005 (KLR)
- Decided
- 11 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to strike out the Plaintiff's suit due to previous similar suits being pending.CoramC.K. YANO
Holding
The suit is dismissed but stayed pending the determination of the previous cases.
Facts
The Plaintiff filed two previous suits (ELC No. 82 of 2017 and ELC No. 120 of 2017) against the Defendant seeking similar reliefs. The Plaintiff claims she was unaware of the withdrawal of ELC No. 82 of 2017 and the filing of ELC No. 120 of 2017.
Issues
- Abuse of court process
- Sub judice doctrine
Reasoning
The court finds the suit offends the sub judice doctrine and orders it to be stayed until the previous cases are determined.
Outcome
The suit is dismissed but stayed.
Orders
- The suit is stayed pending the determination of ELC No. 82 of 2017 and/or ELC No. 120 of 2017
Remedies
- The Plaintiff meets the Defendant's costs of the application.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Republic –v- Registrar of Societies – Kenya & 2 Others (2017)eKLR
- FM –v- EKN (2019)eKLR
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.
Loading judgment…