Shah & 5 others v Lucy Njeri Ngunyangi & Maxwell Munene (Both Sued as Legal Representatives of Ben Ngunyangi Iragu) & 2 others (Environment & Land Case 115 of 2019 & Civil Case 317 of 2011 (Consolidated)) [2022] KEELC 13646 (KLR) (19 October 2022) (Ruling)

Facts

The plaintiffs in Nakuru HCC 317 of 2011 sought to declare themselves owners of a prime property in Nakuru, and restrain the defendant from changing the owners in the land registry. They had previously secured representation for their late father's estate and sought the defendant's consent to sell the property. However, Shah and Patel, who were also claiming the land, had already sued the plaintiffs in Nakuru HCC 122 of 2002, which had abated by the time of the discovery of Shah and Patel's claim.

Issues

1. Whether the amended plaint dated September 30, 2021 should be struck out for being frivolous, meant to delay the fair trial of the suit, or an abuse of the court process.

Reasoning

The amended plaint was frivolous and meant to delay the fair trial of the suit, as it was based on a claim that had already been resolved in Nakuru HCC 317 of 2011 and was not supported by evidence.

Outcome

The amended plaint dated September 30, 2021 was struck out.