Saif Said Saif Al Busaidy as Trustee of Seif Bin Salim Trust v Pirani & 3 others (Environment & Land Case 132 of 2022) [2023] KEELC 16388 (KLR) (22 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16388
- Citation
- [2023] KEELC 16388 (KLR)
- Decided
- 22 March 2023
Summary at a glance
TypeCivilPosturePreliminary Objection for Determination in LimineCoramJ.B. Ojwang, NA MATHEKA
The court strikes out the suit with costs to the defendants.
Facts
The defendants filed a suit against the plaintiff over the same subject matter in HC ELC No. E127 of 2022, while the plaintiff filed the instant suit.
Issues
- Whether the court has jurisdiction to entertain the suit due to a pending suit with the same subject matter.
- Whether the suit is sub judice and should be dismissed with costs.
Reasoning
The court finds that the suit is sub judice and an abuse of the court process, as the plaintiff was aware of the pending suit and filed the instant suit.
Outcome
The suit is struck out with costs to the defendants.
Orders
- The suit is struck out with costs to the defendants.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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