Saka v Muraya & another (Land Case E418 of 2025) [2026] KEELC 1270 (KLR) (5 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1270
- Citation
- [2026] KEELC 1270 (KLR)
- Decided
- 5 March 2026
The court dismissed the Preliminary Objection, finding that it does not raise pure questions of law and that the present proceedings raise new and distinct issues that were not litigated in previous cases.
Facts
The Applicant, James Simpson Saka, filed an Originating Summons Application under a Certificate of Urgency, alleging that the 1st Respondent, Bernard Wandurwa Muraya, is not the registered legal owner of Nairobi Block 136/165 and Nairobi Block 136/166. The 1st Respondent counters by asserting that the suit is barred by the doctrine of res judicata due to previous rulings in Milimani Environment and Land Court and the Court of Appeal.
Issues
- Whether the Preliminary Objection is competent.
- Whether the Preliminary Objection is merited.
Reasoning
The court ruled that the Preliminary Objection is not competent and unmerited, as it does not raise pure questions of law and the present proceedings raise new and distinct issues.
Outcome
The Preliminary Objection was dismissed.
Orders
- The Preliminary Objection is dismissed.
Authorities cited
Cases cited (3)
- Mukisa Biscuits Manufacturing Co. Ltd vs West End Distributors (1969) EA 696
- Hassan Ali Joho & Another vs Suleiman Said Shahbal & 2 Others (2014) eKLR
- Kenya Commercial Bank Limited vs Muiri Coee Estate Limited & Another (2016) eKLR
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