Stephen Kimeu Nguku v Kioko Maundu & 4 others; Land Registrar, Machakos (Interested Party) [2022] KEELC 583 (KLR)
- Court
- Environment & Land Court
- Case number
- 583
- Citation
- [2022] KEELC 583 (KLR)
Summary at a glance
TypeBoundary DisputePostureApplication for Rectification of a BoundaryCoramCHRISTINE OCHIENG
The Court denied the Applicant's application for leave to amend his Originating Summons.
Facts
The Applicant seeks to amend his Originating Summons to rectify the physical boundary of LR. NUMBER KALAMA/KATANGA/629, which was previously determined in Machakos High Court Misc. Application No. 243 of 2006 and Machakos Misc. Application No. 9 of 2018.
Issues
- Whether the Court should grant the Applicant leave to amend his Originating Summons as per the attached draft.
- Whether the proposed amendments are res judicata.
Reasoning
The Court ruled that the proposed amendments are res judicata and that the matter had been previously heard and determined in the High Court.
Outcome
Denied
Authorities cited
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