Cyrus Mucebiu Irungu v Martha Wanjiru Irungu & another [2022] KEELC 810 (KLR)
- Court
- Environment & Land Court
- Case number
- 810
- Citation
- [2022] KEELC 810 (KLR)
- Decided
- 11 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePreliminary ObjectionPostureAppeal from a decision to dismiss a preliminary objectionCoramHON. E.C. CHERONO, Ms Kimiti, Ms Mungai, Plaintiff/Advocate
Holding
The court finds the notice of preliminary objection not merited and dismisses it with costs to the plaintiff.
Facts
The plaintiff filed a suit against the 1st and 2nd defendants alleging that they trespassed on his property by excavating and mining on land known as KIINE/RUKANGA/1689. The 1st defendant filed a notice of preliminary objection claiming the suit was sub judice due to another pending case.
Issues
- Whether the issues in the current suit are sub judice with respect to a pending case
- Whether the notice of preliminary objection meets the litmus test of a preliminary objection
Reasoning
The court held that the doctrine of sub judice requires the ascertaining of facts or probing of evidence in the two earlier suits, making it not a pure point of law capable of being considered as a preliminary objection.
Outcome
Appeal dismissed
Orders
- Notice of Preliminary Objection dismissed with costs to the plaintiff
Authorities cited
Legislation (1)
- Civil Procedure Act, CAP. 21
Cases cited (5)
- Quick Enterprise Ltd. v. Kenya Railways Corporation
- Avtar Singh Bhamra & Another v. Oriental Commercial Bank
- Oraro v. Mbaja
- Kampala High Court Civil Suit No. 450 of 1993 - Nyanza Garage v. Attorney General
- MARGARET WACHU KARURI v. JOHN WAWERU RIBIRO (2021) e K.L.R.
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.
Loading judgment…