Ongoto v Machuka & 2 others (Environment & Land Case 68 of 2019) [2022] KEELC 2769 (KLR) (28 June 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2769
- Citation
- [2022] KEELC 2769 (KLR)
- Decided
- 28 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPosturePreliminary Objection to a Land SuitCoramMN GICHERU
Holding
The Court dismisses the preliminary objection as it has no merit.
Facts
The Plaintiff, Charles Ongoto, filed a suit against Josephat Machuka and the Land Registrar, Ngong, seeking to recover land. The 1st Defendant, Josephat Machuka, filed a preliminary objection alleging res judicata, lack of jurisdiction, and abuse of process.
Issues
- Whether the suit is res judicata
- Whether the application is filed contrary to Section 7 of the Civil Procedure Act, 2010
- Whether the application is bad in law, vexatious, and an abuse of the court process
Reasoning
The Court finds that the preliminary objection is not supported by any affidavit or evidence except what has been pleaded. The jurisdiction of the Children Court is not concurrent with that of the Environment and Land Court, and striking out pleadings is a draconian measure.
Outcome
The preliminary objection is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Act, 2010
Cases cited (1)
- Mukisa Biscuits Manufacturing Co. Ltd –versus- West End Distributors Limited (1969) EA 696
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.
Loading judgment…