Charles Mwangi Mburu & 2 others v Peter Ndungu Kariuki (suing as the Administrator of the Estate of Primua Oloo Obwayo) [2021] KEELC 4016 (KLR)
- Court
- Environment & Land Court
- Case number
- 4016
- Citation
- [2021] KEELC 4016 (KLR)
- Decided
- 11 March 2021
The application is res judicata and the orders sought are substantive and incapable of being granted on an application, hence dismissed with costs.
Facts
The applicants were sued in a civil case in 2013, and judgment was entered ex parte for non-attendance. The applicants filed an application to set aside the orders, which was dismissed. The applicants then filed an application to the Environment Court for leave to Appeal out of time and stay pending the determination of Appeal. The Court dismissed this application, and the applicants filed an appeal in this case.
Issues
- Whether the application is res judicata
- Whether the orders sought are substantive and capable of being granted on an application
Reasoning
The application is similar to a previous application that was dismissed. The previous ruling was heard and determined by a competent court, and the principle of res judicata applies.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Independent Electoral & Boundaries Commission vs MainaKiai & 5 Others [2017] eKLR
Cases cited (3)
- Independent Electoral & Boundaries Commission vs MainaKiai & 5 Others [2017] eKLR
- John Florence Maritime Services Limited & Another vs Cabinet Secretary for Transport and Infrastructure & 3 Others [2015] eKLR
- Accredo AG & 3 others v Steffano Uccelli & another [2019] eKLRCivil Appeal 43 of 2018
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