Silverspoon Restaurant Limited v Gohl & 2 others (Environment and Land Appeal 12 of 2021) [2023] KEELC 20760 (KLR) (18 October 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 20760
- Citation
- [2023] KEELC 20760 (KLR)
- Decided
- 18 October 2023
Summary at a glance
TypeAppealPostureAppeal from a ruling of the Mombasa County Civil and Administrative CourtCoramS. M. KIBUNJA, S. M. KIBUNJA, S. M. KIBUNJA
The court found that the Hon. Trial Magistrate did not err in law in finding that the suit was res judicata and that the ruling was not delivered in secrecy. The court dismissed the appeal.
Facts
The appellant, Silverspoon Restaurant Limited, appealed against a ruling by Hon. Nabibya PM in Mombasa CMC Land Case No. 51 of 2018, finding that the appellant's suit was res judicata. The appellant alleged that the trial court erred in law and delivered the ruling in secrecy.
Issues
- Whether the Hon. Trial Magistrate erred in law in finding that the suit was res judicata.
- Whether the Hon. Trial Magistrate delivered the impugned ruling in secrecy.
- Whether the appellant has made a reasonable case for the orders made by the Hon. Trial Magistrate to be set aside and an order of retrial before a different magistrate to be issued.
Reasoning
The court held that the doctrine of res judicata is set out under section 7 of the Civil Procedure Act and that the trial court had the power to consider the evidence and draw its own conclusions.
Outcome
Appeal dismissed
Orders
- The matter be remitted for retrial of the two applications before another magistrate, other than Hon. Nabibya PM.
Authorities cited
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