Okaka v Ojango & another (Environment and Land Case E026 of 2024) [2025] KEELC 8259 (KLR) (19 November 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 8259
- Citation
- [2025] KEELC 8259 (KLR)
- Decided
- 19 November 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land CasePosturePreliminary Objection and ApplicationsCoramNYUKURI
Holding
The court determined that the suit is not res judicata and will proceed.
Facts
The plaintiff, Emmanuel Okonda Okaka, filed a suit against Calistos Odemba Ojango and John Asutsi Odemba, seeking to restrain them from evicting him from parcel No. Kisa/Wambulishe/2032 and 2033, and from burying the remains of his deceased brother on the suit property.
Issues
- Whether the suit is res judicata in view of decisions made in Kakamega High Court Criminal Appeal No. 14 of 2018 and Kakamega ELC Case No. 66 of 2019.
Reasoning
The court applied the doctrine of res judicata under Section 7 of the Civil Procedure Act, finding that the issues in the current suit were not directly and substantially in issue in the former suits, and that the competent court had not determined the issues with finality.
Outcome
The preliminary objection and applications were dismissed.
Orders
- The suit will proceed without the preliminary objection and applications being struck out.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- The Independent Electoral and Boundaries Commission v. Maina Kiai & 5 Others [2017] eKLR
- John Florence Maritime Services Limited & Another v. Cabinet Secretary Transport & Infrastructure & 3 Others (Petiton 17 of 2015) [2021] KESC 39 KLR (CIV)
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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