Suchan Investments Limited v Minar Katherine Holroyd, Suneina Leonora Pulling & Laura Sushila Pulling (Being the co-administrators of the Estate of the Late Dipa Jashbai Pulling (Deceased)) (Environment & Land Case 1142 of 2016) [2022] KEELC 2889 (KLR) (26 May 2022) (Ruling)

Summary at a glance

Facts

Suchan Investments Limited filed a suit against Minar Katherine Holroyd, Suneina Leonora Pulling, and Laura Sushila Pulling, co-administrators of the estate of the late Dipa Jashbai Pulling, seeking partition of the suit property, access to the portion allocated to them, fair market rent, mesne profits, and general damages.

Issues

• Whether the Defendant's Preliminary Objection dated 24th November 2021 is meritorious.
• Whether the suit is barred by res judicata due to the previous suit (ELC. 200 OF 2008).

Reasoning

The court ruled that the Defendant's Preliminary Objection was not meritorious as the facts were agreed upon in the pleadings, and the issues raised were not new causes of action. The court also dismissed the Defendant's argument that the suit was barred by res judicata.

Outcome

The suit was upheld.

Orders

• The Defendant's Preliminary Objection was dismissed.
• The Plaintiff's suit was upheld.

Remedies

• Partition of the suit property.
• Access to the portion allocated to the Plaintiff.
• Fair market rent for the buildings on the suit property.
• Mesne profits.
• General damages.

Authorities cited