Okonjo (Suing as the administrator of the Estate of Michael Okonjo (Deceased) & another v Agola & 6 others (Environment & Land Case E14 of 2022) [2023] KEELC 18259 (KLR) (19 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18259
- Citation
- [2023] KEELC 18259 (KLR)
- Decided
- 19 June 2023
Summary at a glance
TypeLand DisputePostureAppeal from a preliminary objectionCoramL. A. OMOLLO
The preliminary objection dated July 4, 2022 lacks merit and is hereby dismissed with costs.
Facts
The plaintiffs seek declaratory orders that the registration of the 1st defendant, 2nd defendant, and 3rd defendant as the absolute owner of 33 acres Rongai/Lengenet Block 2/12 Mawe Farm plot No 10024 was fraudulent.
Issues
- Whether the claim is filed out of time
- Whether the claim is res judicata
- Whether the preliminary objection has merit
Reasoning
The court held that issues of limitation of time and res judicata can only be determined at the trial of the main suit and not a preliminary stage.
Outcome
Appeal dismissed
Orders
- The 6th and 7th defendants preliminary objection dated July 4, 2022 is dismissed with costs.
Authorities cited
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