Ogata v Nyandika & 4 others (Environment and Land Appeal 7 of 2021) [2022] KEELC 3260 (KLR) (28 July 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3260
- Citation
- [2022] KEELC 3260 (KLR)
- Decided
- 28 July 2022
Summary at a glance
TypeAppealPostureAppeal from the Ruling of the Honourable Mr. B. M. Kimtai, Principal Magistrate Keroka dated 23/6/2021 in Keroka ELC Case No. 11 of 2018CoramJM KAMAU
The Appeal is dismissed with costs
Facts
James Ogata sued the Respondents for orders to move out of disputed land, restore boundaries, and pay damages. The 2nd Respondent claimed a former suit in Kisii High Court had settled the matter.
Issues
- Whether the matter is res judicata
- Whether the Appellant can bring multiple suits on the same issue
Reasoning
The Court found the matter to be res judicata as the same parties and issues were previously decided in a former suit in Kisii High Court. The Appellant's attempt to bring multiple suits is frustrated.
Outcome
Appeal dismissed
Authorities cited
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