Passenga Limited & another v Mwangi (Environment and Land Case E022 of 2023) [2025] KEELC 6322 (KLR) (24 September 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6322
- Citation
- [2025] KEELC 6322 (KLR)
- Decided
- 24 September 2025
Summary at a glance
TypeCivilPostureAppeal from a previous judgmentCoramLL NAIKUNI
The Honourable Court found that the Notice of Motion application was not merited and denied the reliefs sought.
Facts
Passenga Limited and Paula Maria Ruhle filed a notice of motion against Lucy Mumbi Mwangi, seeking to find that the suit is sub judice due to the same parties and issues as in a previous appeal in Nairobi Civil Appeal (Application) No.E804 of 2022.
Issues
- Whether the Notice of Motion application dated 17th February, 2025 was merited?
- Whether parties are entitled to the reliefs sought.
- Who bears the costs of the Notice of Motion dated 17th February, 2025.
Reasoning
The court applied the doctrine of sub judice, which bars a court from trying a matter that is in another court's pending proceedings between the same parties.
Outcome
The application was denied.
Orders
- The Honourable Court denied the Notice of Motion application.
Authorities cited
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