Olang v Njeru & 13 others (Environment & Land Case 52 of 2019) [2024] KEELC 6201 (KLR) (25 September 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6201
- Citation
- [2024] KEELC 6201 (KLR)
- Decided
- 25 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous orderCoramS. M. KIBUNJA
Holding
The court finds the defendants' application res judicata and strikes it out.
Facts
The defendants filed a notice of motion seeking to file their defence and counterclaim outside the 30-day period granted on December 6, 2023, and without time having been extended.
Issues
- Defendants' application for filing defence and counterclaim outside the 30-day period
- Defendants' attempt to seek the same prayers again that were previously declined
Reasoning
The court ruled that the defendants' application was res judicata as it was heard and determined on February 12, 2024, and seeking the same prayers again is an abuse of the court process.
Outcome
The application is struck out and the defendants are ordered to pay costs.
Orders
- The notice of motion application dated 20th February 2024 is res judicata.
- The said application is therefore struck out.
- Costs to be borne by the defendants.
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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