Okeyo & 7 others v Nyansiongo Tea Factory & 6 others (Environment & Land Case E007 of 2023) [2025] KEELC 4605 (KLR) (19 June 2025) (Ruling)

Summary at a glance

Facts

The Plaintiffs claim title deeds to the suit properties and seek temporary injunctive orders against the Defendants to prevent them from harvesting eucalyptus trees on the properties. The Defendants argue the application is resjudicata due to a previous similar application dismissed on 20/9/2023.

Issues

• Whether the application dated 29/01/2025 is resjudicata
• Whether the Plaintiffs are entitled to the reliefs sought
• Who bears the costs of the application

Reasoning

The application is resjudicata as it is similar to a previous application dismissed on 20/9/2023, meeting the criteria of resjudicata as defined in Section 7 of the Civil Procedure Act.

Outcome

The application is dismissed with costs.

Orders

• The Plaintiffs are permitted to cultivate the suit properties but are forbidden from felling any eucalyptus trees on the properties known as Transmara/Moyoi/517, 518, 519, 520, 521, 522, 523, 524 and 525 pending hearing and determination of the suit.
• The orders of maintenance of status quo issued on 13/04/2025 are extended till hearing and determination of the suit.

Remedies

• Costs awarded to the Defendants

Authorities cited