Tabitha Githumbi v Gichuhi Githumbi & 2 others [2021] KEELC 916 (KLR)
- Court
- Environment & Land Court
- Case number
- 916
- Citation
- [2021] KEELC 916 (KLR)
Summary at a glance
TypeLand DisputePostureAppeal from a previous judgment in a different courtCoramLenaola
The current suit is not res-judicata and the defendants' claim is not statute barred. The 3rd defendant's title to land parcel No. MWERUA/KAGIO/2732 is not liable to be cancelled. The costs of the suit will be determined.
Facts
The Plaintiff claims the defendant is unlawfully occupying land parcel MWERUA/KAGIO/2732, while the defendant claims the land is his based on a previous judgment. The previous judgment was not enforced.
Issues
- Whether the suit is res judicata
- Whether the defendants' claim is statute barred
- Whether the 3rd defendant's title to land parcel No. MWERUA/KAGIO/2732 is liable to be cancelled
- Who will bear the costs of the suit
Reasoning
The previous judgment was not enforced, and the issues in the current suit were not directly and substantially determined on merit.
Outcome
Affirmed
Authorities cited
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