Warom v Ogalo & another (Environment & Land Case E005 of 2022) [2023] KEELC 272 (KLR) (26 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 272
- Citation
- [2023] KEELC 272 (KLR)
- Decided
- 26 January 2023
Summary at a glance
TypeCivilPostureAppeal from a lower court judgmentCoramAY KOROSS
The suit is struck out as res judicata and abuse of court process
Facts
The plaintiff filed a suit against the defendant seeking a declaration that he was the bona fide proprietor of North Gem/Siriwo/806 and encroachment by the court case. The plaintiff added a 2nd defendant but no cause of action was laid against him. The lower court had already heard and determined the case in 2019.
Issues
- Whether the suit is res judicata and abuse of court process
- Whether the plaintiff has introduced new causes of action
Reasoning
The plaintiff sought to evade the doctrine of res judicata by introducing new causes of action and litigating the case in installments.
Outcome
The suit is struck out
Orders
- The suit is struck out as res judicata and abuse of court process
- Award of costs to the 1st defendant
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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