Paul Kibii Cheriro v Betthwel Kipkemboi Kemei & 2 others [2022] KEELC 1512 (KLR)
- Court
- Environment & Land Court
- Case number
- 1512
- Citation
- [2022] KEELC 1512 (KLR)
- Decided
- 16 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureAppeal from a judgment in a related caseCoramHon. M. N. Mwanyale
Holding
The current petition is Resjudicata and is hereby struck out with costs to the respondents.
Facts
A petition was filed in Eldoret ELC No. 169 of 2013, which was pending for judgment. The parties agreed to stay the current petition pending the judgment in Eldoret ELC No. 169 of 2013. The judgment in Eldoret ELC No. 169 of 2013 declared the subject matter as belonging to Sirgoi Tea Estate Limited and the 1st Respondent is a Director of the 2nd Respondent.
Issues
- Whether the current petition is Resjudicata in view of the judgment in Eldoret ELC No. 169 of 2013.
- Whether the addition of new parties in the current petition renders it a fresh suit or not.
Reasoning
The Court found that the judgment in Eldoret ELC No. 169 of 2013 is a final judgment and the addition of new parties does not sanitize the suit. The tenets of Resjudicata are present in this matter.
Outcome
The petition is struck out with costs to the respondents.
Orders
- The petition is struck out with costs to the respondents.
Authorities cited
Cases cited (3)
- Henry Njagi Muruania vs A. O Okello District Commissioner Mbeere District and Another (2014) Eklr.
- Accounting Officer Kenya Ports Authority (exparte) vs Public Procurement and Admnistrative Review Board and 3 others (Interested Parties) eKLR
- Diocese of Eldoret Trustees (Registered) vs Attorney General (on behalf of the Principal Secretary Treasury) and another 2020 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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