Nyamai & 291 others v South Eastern University College (Environment & Land Case E001 of 2021) [2023] KEELC 17203 (KLR) (27 April 2023) (Ruling)

Summary at a glance

Facts

The plaintiffs, including William Nyamai, filed an application seeking a temporary injunction to prevent the defendant, South Eastern University College, from entering, evicting, subdividing, or dealing with a land parcel in Kitui County. The plaintiffs claim they have been in occupation of the land for over 25 years.

Issues

• Whether the application is res judicata
• Whether the plaintiffs have established a prima facie case

Reasoning

The court ruled that the application is the same as a previous application that was heard and dismissed on December 6, 2022. The court found that the land is likely public land and subject to the provisions of the Limitation of Actions Act.

Outcome

Appeal dismissed

Orders

• The Amended Notice of Motion dated October 19, 2021 and amended on June 27, 2022 lacks merit and is hereby dismissed with costs to the Respondent.

Authorities cited