Solomon Somo & 120 others v Board of Trustees, Methodist Church In Kenya & another [2021] KEELC 4142 (KLR)
- Court
- Environment & Land Court
- Case number
- 4142
- Citation
- [2021] KEELC 4142 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objections DismissedCoramC.K. YANO
Holding
The preliminary objections have no merit and are dismissed.
Facts
The plaintiffs filed ELC 589 of 2011 seeking the same orders as in the current suit, but lost in that case.
Issues
- Whether the plaintiffs' suit is res judicata to ELC 589 of 2011.
- Whether the preliminary objections raised by the defendants are on a pure point of law.
Reasoning
The court cannot determine res judicata from the preliminary objections alone and needs to consider factual evidence.
Outcome
Preliminary Objections Dismissed
Orders
- Costs to be in the cause.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (3)
- Mukisa Biscuit Manufacturing Co. Ltd v. West End Distributors Ltd (1969) EA 696
- Independent Electoral & Boundaries Commission v. Jane Cheperenger & 2 Others (2015) eKLR
- Aviation & Allied Workers Union Kenya v. Kenya Airways Ltd & 3 Others (2015) 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.
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