Said & another v Nderitu; County Government of Kilifi & 3 others (Interested Parties) (Environment and Land Appeal 18 of 2023) [2025] KEELC 3042 (KLR) (2 April 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3042
- Citation
- [2025] KEELC 3042 (KLR)
- Decided
- 2 April 2025
Summary at a glance
TypeAppealPostureRespondent appealed the decision of the Hon Resident Magistrate's Court in Malindi.CoramFM NJOROGE
The court dismissed the appeal and found that the trial Magistrate did not err in dismissing the preliminary objection.
Facts
The appellants Omar Ali Said and Abdul Ratif filed a suit against Douglas Ikua Nderitu and the County Government of Kilifi. The suit was based on an eviction notice issued by the first and second defendants in respect of plot number 4322, which the appellants claimed they do not occupy.
Issues
- Whether the learned trial Magistrate made an error in law and in fact in failing to find that the suit is res judicata Case No ELC 200 of 2015-Malindi.
Reasoning
The court held that the preliminary objection was a pure point of law and could not be raised if any fact had to be ascertained. The court also noted that the pleadings did not agree on which plot the appellants' house was located on.
Outcome
Appeal dismissed with costs to the respondent.
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