Kazungu Karisa Hazizi & another v Josephine Wanjiku Mwaghoti [2022] KEELC 660 (KLR)
- Court
- Environment & Land Court
- Case number
- 660
- Citation
- [2022] KEELC 660 (KLR)
- Decided
- 22 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPosturePreliminary Objection raised on res judicata groundsCorampresiding judge
Holding
The court found that the Plaintiffs should have filed a Notice of Motion with the previous pleadings to determine if the matter is res judicata.
Facts
The Plaintiffs filed a Preliminary Objection against the Defendant's Counter-Claim, alleging that the matter is res judicata. The Plaintiffs referred to a previous suit involving the Defendant's husband and suit land, but no pleadings were provided for the court to review.
Issues
- Whether the suit is res judicata
- Whether the court should look for evidence to determine if the matter is res judicata
Reasoning
The court ruled that the Plaintiffs' Preliminary Objection was not a proper way to raise a ground of res judicata, as it required evidence and should have been raised by way of Notice of Motion.
Outcome
The Plaintiffs' Preliminary Objection was dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap 21)
Cases cited (3)
- Njue Ngai v Ephantus Njiru Ngai & another (supra)
- George Kamau Kimani & 4 Others Vs County Government of Trans Nzoia & Another (2014)
- Michael Bett Siror Vs Jackson Koech (2019)
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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