Riungu v Chief Land Registrar & 4 others (Environment and Land Judicial Review Case E010 of 2023) [2024] KEELC 3244 (KLR) (15 February 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3244
- Citation
- [2024] KEELC 3244 (KLR)
- Decided
- 15 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for leave to file motionCoramCK YANO, Cherono, Dr. Kiambi, Kiambi
Holding
The court finds that the suit is not res judicata and that the ex-parte applicant is entitled to the orders sought.
Facts
The ex-parte applicant, Ashford Gerrald Riungu, seeks a declaratory order and an order of mandamus for a piece of land described as Meru Municipality/Block T487 situated at Milimani within Meru Municipality.
Issues
- Whether the suit is res judicata.
- Whether the ex-parte applicant is entitled to the orders sought.
- Who bears the costs.
Reasoning
The court considers the doctrine of res judicata under Sections 7 and 28 of the Civil Procedure Act and the Environment and Land Court Act, and finds that the ex-parte applicant is not barred from bringing the suit due to previous litigation.
Outcome
The court grants the application for leave to file the motion.
Orders
- A declaratory order that the ex-parte applicant is the bona fide and absolute proprietor of the land.
- An order of mandamus to compel the Chief Land Registrar to issue and deliver a certificate of lease to the ex-parte applicant in respect of the land parcel.
- Costs of the application to be borne by the respondents.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (5)
- Independent Electoral & Boundaries Commission Versus Maina Kiai & 5 others [2017]eKLR
- Attorney General & Another Versus ET [2012] eKLR
- Omondi Versus NBK & Others [2001]EA 177
- Herdson Versus Herdson (1843) 67ER 313
- John Florence Maritime Services Limited & Another Versus Cabinet Secretary for Transport and Infrastructure & 3 others [2015]eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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