Sande v Nduku (Environment and Land Case E024 of 2024) [2025] KEELC 6407 (KLR) (12 June 2025) (Ruling)

Summary at a glance

Facts

The plaintiff, Jactone Opiyo Sande, sought injunctive orders against the defendant, Frederick Njeru Nduku, to prevent eviction and interference with his quiet possession on suit property Nairobi/Dagortetti/Karandi-ini/20. The defendant opposed the application and filed a notice of preliminary objection.

Issues

• Whether the learned senior principal magistrate erred in applying the doctrine of res judicata
• Whether the learned magistrate erred in striking out the plaintiff's suit as the cause of action arose in 2023

Reasoning

The court found that the appeal has no merit as the plaintiff failed to meet the test of an arguable appeal. The plaintiff had previously filed ELC 336 of 2017 seeking orders that he had acquired the suit property by way of adverse possession, and the court noted that the plaintiff conceded the existence of a judgment in the case before the Environment and Land Court.

Outcome

Appeal dismissed

Orders

• The application for injunctive relief pending appeal is dismissed

Remedies

• Costs to abide the outcome of the appeal

Authorities cited