Ijamii v Miraflores Apartment Ltd & 8 others (Civil Suit 382 of 2017 & 496 of 2018 (Consolidated)) [2025] KEELC 7522 (KLR) (30 October 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7522
- Citation
- [2025] KEELC 7522 (KLR)
- Decided
- 30 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to dismiss suit and declare litigants vexatiousCoramAA OMOLLO
Holding
The application is dismissed with costs to the Plaintiff.
Facts
The Plaintiff, Caleb Miheso Ijami, claims ownership of land registered under L.R No. 2/344. The 1st Defendant, Miraores Apartment Ltd, seeks to dismiss the suit and declare the Plaintiff and two other Defendants vexatious.
Issues
- Whether the application is res judicata.
- Whether the current suit is res judicata.
- Whether the orders sought should be granted.
- Who bears the costs of the application.
Reasoning
The Plaintiff's claim is distinct from the previous suit, and the judgment in the previous suit does not preclude the Plaintiff from challenging the Applicant's title. The application is lacking in merit.
Outcome
Application dismissed with costs to the Plaintiff.
Orders
- The suit herein or claims as commenced by Caleb Miheso Ijami, Kentexas Limited and Portsaid Apartment Limited be dismissed in entirety.
- Caleb Miheso Ijami, Kentexas Limited and Portsaid Apartment Limited be declared vexatious litigants and be barred from interfering with Miraores Apartment Limited's occupation and interest in the property.
- The costs of this application and the entire suit be borne by Caleb Miheso Ijami, Kentexas Limited and Portsaid Apartment Limited.
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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