Washington Kibatha Thuo & another v Daniel Muiruri Kihara & 3 othrers [2022] KEELC 528 (KLR)
- Court
- Environment & Land Court
- Case number
- 528
- Citation
- [2022] KEELC 528 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePreliminary Objection to SuitCoramJ. G. KEMEI
Holding
The preliminary objection is struck out with costs payable by the 1st and 2nd Defendants.
Facts
The 1st and 2nd Defendants filed a Notice of Preliminary Objection claiming the suit is resjudicata due to a previous case (KIAMBU SRMCC No 1312 of 1993) involving the same parties and issues.
Issues
- Whether the suit is resjudicata
- Whether the objection is a valid preliminary objection
Reasoning
The Court found the objection to be improper and raised by way of preliminary objection, not by notice of motion. The Court ruled that the suit is not resjudicata as the previous case was not heard and determined by a competent court.
Outcome
The suit is not dismissed, but the preliminary objection is struck out.
Orders
- The application is struck out with costs payable by the 1st and 2nd Defendants.
Authorities cited
Cases cited (2)
- Mukisa Biscuit Manufacturing Co. Ltd vs. West End Distributors Ltd [1969] EA 696
- Black's Law Dictionary 10th Edition
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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