Robinson Nalengeyo Ole Torome & 7 others v Kedong Ranch Limited & 3 others [2021] KEELC 4032 (KLR)
- Court
- Environment & Land Court
- Case number
- 4032
- Citation
- [2021] KEELC 4032 (KLR)
Summary at a glance
TypePetition for Restraining OrdersPostureRespondent's Preliminary Objection UpheldCoramD. O. OHUNGO
Petitioners' claims are barred by res judicata as the issue was conclusively determined in Nakuru High Court Petition No. 57 of 2014.
Facts
Petitioners claim ancestral land rights to L.R 8396 (I.R 11977) which was transferred to Kedong Ranch Limited in 1972. The land was subdivided and the petitioners were evicted. The petitioners seek a declaration of lawful occupation and ownership.
Issues
- Ownership of L.R 8396 (I.R 11977) land
- Res judicata
Reasoning
The court found that the land became private land in 1950 and has remained so. The petitioners' claims are not new and were previously decided in Nakuru High Court Petition No. 57 of 2014.
Outcome
Petition struck out for being res judicata
Authorities cited
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