Wainaina & 9 others v Wainaina & 2 others (Environment and Land Appeal E042 of 2021) [2023] KEELC 19902 (KLR) (18 September 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 19902
- Citation
- [2023] KEELC 19902 (KLR)
- Decided
- 18 September 2023
The Court of Appeal dismissed the appeal, finding that the lower court suit was not res judicata and that the Appellants were not parties to the Cooperative Tribunal proceedings.
Facts
The Appellants are the adult children of the deceased Wainaina Mugecha, who was a member of Muka Mukuu Farmers Cooperative Society. After his death, his shares were registered in the names of his widow, Jacinta N Wainaina, and his daughter, Jane Wambui Wainaina. The Appellants filed a suit in the Machakos ELC, which was transferred to Kangundo PMs Court, seeking to annul the transfer of a plot to the widow. The Senior Resident Magistrate dismissed the suit as res judicata based on the Cooperative Tribunal's decision.
Issues
- Whether the lower court suit is res judicata.
- Whether the Appeal is merited.
Reasoning
The Court of Appeal held that the Cooperative Tribunal's decision was not binding on the Appellants as they were not parties to the proceedings. The Court also found that the Appellants were not parties to the Cooperative Tribunal proceedings.
Outcome
Appeal dismissed
Orders
- The Ruling of the Honourable Magistrate dated September 7, 2021 be set aside and be substituted with an order that Kangundo PMCC ELC Case No 47 of 2020 do proceed to full hearing on merit.
- That the costs of this Appeal be paid by the Respondents.
- Any other relief this Honourable Court may deem fit and just to grant in the circumstances of the Appeal.
Remedies
- To proceed with the full hearing on merit of the case in Kangundo PMCC ELC Case No 47 of 2020.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Cooperative Societies Act
Cases cited (4)
- Stephen Wanganga Njoroge Vs Stanley Ngugi Njoroge & Another (2017) eKLR
- Nancy Mwangi t/a Worthlin Marketers V Airtel Networks (K) Ltd (Formerly Celtel Kenya Ltd) & 2 Others (2014) eKLR
- Omondi Vs National Bank of Kenya Limited and others (2001) EA 177
- Njangu Vs Wambugu and another Nairobi HCCC No. 2340 of 1991 (unreported)
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