Peter Ouma Mbaja (suing as the administrator of the estate of the late Lazaro Opiyo Maseko v Alfred Oyoko Olunje & another [2022] KEELC 1314 (KLR)
- Court
- Environment & Land Court
- Case number
- 1314
- Citation
- [2022] KEELC 1314 (KLR)
- Decided
- 17 February 2022
Summary at a glance
TypeCivilPostureApplication to strike out the plaintiff's suitCoramANTONY OMBWAYO
The application to strike out the plaintiff's suit is dismissed with costs.
Facts
The plaintiff, Peter Ouma Mbaja, filed a suit against Alfred Oyoko Olunje and the Land Registrar, seeking an order of permanent injunction against the land parcel KISUMU/KASULE/3270. The defendant filed a previous suit in 2015 seeking a permanent injunction, which was later abandoned.
Issues
- Fraud and illegality
- Res judicata
Reasoning
The plaintiff and the defendant in the previous suit were different, and the issues in this suit are not similar to those in the previous suit. The doctrine of res judicata does not apply.
Outcome
Dismissed with costs
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