Republic v County Government of Mombasa; Abdalla (Exparte Applicant) (Environment and Land Judicial Review Case E002 of 2023) [2023] KEELC 18141 (KLR) (20 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18141
- Citation
- [2023] KEELC 18141 (KLR)
- Decided
- 20 June 2023
Summary at a glance
TypeJudicial ReviewPostureRespondent raises preliminary objection and seeks to dismiss the applicationCoramN.A. MATHEKA
The suit is Res Judicata and the application is an abuse of the court process, hence struck out with costs to the Respondents
Facts
The deceased Abdallah Mohammed Abdalla had previously filed a suit against the County Government of Mombasa in Mombasa ELC No 285 of 2015, which was dismissed. The applicant, Saniya Abdalla, is the daughter and administrator of the deceased.
Issues
- Res Judicata
- Abuse of the court process
Reasoning
The court found that the suit is res judicata as it was previously decided in Abdalla Mohamed Abdalla v The County Government of Mombasa, ELC No 285 of 2015. The application is also an abuse of the court process.
Outcome
The application is dismissed with costs to the Respondents
Orders
- Strike out the judicial review application
- Order costs to the Respondents
Authorities cited
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