Wakwabubi v Moi’s Bridge Quarry Ltd (Environment & Land Case E013 of 2023) [2023] KEELC 19855 (KLR) (21 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19855
- Citation
- [2023] KEELC 19855 (KLR)
- Decided
- 21 September 2023
The court lacks jurisdiction to hear the case and the matter is res judicata.
Facts
Wakwabubi is the administrator of the estate of Solomon Wekesa, who is the registered owner of land parcel Moi’s Bridge/Ziwa Block 16 (Chebarus)/1296. Moi’s Bridge Quarry Ltd is the registered owner of land parcel Moi’s Bridge/Ziwa Block 16 (Chebarus)/1248. Wakwabubi alleges that Moi’s Bridge Quarry Ltd has constructed a perimeter wall that encroaches on his land.
Issues
- Whether the court has jurisdiction to hear the case
- Whether the case is res judicata
Reasoning
The court held that the case is res judicata because the same parties and issues were before the Magistrate's court, which ruled that it had no jurisdiction to hear the matter. The court also held that the Preliminary Objection has merit.
Outcome
The suit is struck out with costs to the 1st Respondent.
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (2)
- Mukisa Biscuit Company Ltd v West End Distributors Limited (1969) E.A 696
- Speaker of the National Assembly v Karume (1992) eKLR 21
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