Tawai Homes Development Limited v Eldoret Express Limited & 3 others (Environment and Land Case E007 of 2025) [2025] KEELC 7595 (KLR) (5 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 7595
- Citation
- [2025] KEELC 7595 (KLR)
- Decided
- 5 November 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land CasePostureAppeal from an earlier judgmentCoramCK NZILI
Holding
The suit is struck out with costs.
Facts
The plaintiff, Tawai Homes Development Limited, filed a suit against Eldoret Express Limited and three other defendants. The defendants raised preliminary objections claiming the suit was res judicata and filed without leave of court.
Issues
- Whether the suit is res judicata
- Whether the suit is a nullity
- Whether the suit is filed without leave of court
Reasoning
The court found the suit res judicata and filed without leave of court, thus striking it out.
Outcome
The suit is struck out with costs.
Orders
- The suit is struck out with costs.
Authorities cited
Cases cited (7)
- Kenya Commercial Bank Ltd -vs- Muiri Coee Estates Ltd & Another [2016] eKLR
- John Florence Maritime -vs- Attorney General [2021] KESC 39[KLR]
- Omondi -vs- National Bank of Kenya Ltd & Others [2001] EA 177
- Njangu -vs- Wambugu & Another, Nairobi HCCC No. 2340 of 1991
- Georey Asanyo & Others -vs- Attorney General SCOK Petition No. 7 of 2019
- Ghelani Metals Limited & 3 others -vs- Elesh Ghelani Natwarlal & another [2017] eKLR
- Midland Energy Ltd -vs- George Muiruri T/A Leakeys Auctioneers & Others [2016] eKLR
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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