Kariuki Ichuga v Kariuki Wanjohi [2021] KEELC 587 (KLR)
- Court
- Environment & Land Court
- Case number
- 587
- Citation
- [2021] KEELC 587 (KLR)
- Decided
- 2 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramJ. O. OLOLA
Holding
The application is dismissed with costs as it is res judicata and filed in abuse of the court process
Facts
The Appellant filed an application seeking to have a judgment and a consent order from a previous land dispute tribunal entered into the court. The Respondent opposed the application, citing res judicata.
Issues
- Whether the Appellant's application is res judicata
- Whether the court should enter judgment in terms of the award from the Tetu Land Disputes Tribunal and adopt the consent order
Reasoning
The court dismissed the application as it was filed in the same manner as a previous application that was already dismissed, and the doctrine of res judicata applies.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- The Independent Electoral and Boundaries Commission -vs- Maina Kiai & 5 Others (2017) 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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