Ngari v Makothee (Enviromental and Land Originating Summons 18 of 2017) [2026] KEELC 968 (KLR) (18 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 968
- Citation
- [2026] KEELC 968 (KLR)
- Decided
- 18 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironmental and Land Originating SummonsPostureApplication to strike out the suit with costsCoramAK BOR
Holding
The suit is res judicata and is struck out with costs to the Defendant.
Facts
The Defendant sought to have the suit struck out with costs, claiming it was res judicata due to a previous case (Siakago MCELC Case No. 79 of 2017) where the same parties and suit land were involved. The suit before the Siakago court was determined and culminated in a decree against the Plaintiff.
Issues
- Whether the suit is res judicata
- Whether the Plaintiff's claim for adverse possession was properly considered in the Siakago case
Reasoning
The court agreed with the Defendant that the issue of ownership of the suit land was determined by a court of competent jurisdiction between the parties to this suit, and the Plaintiff's claim for adverse possession was not properly considered in the Siakago case.
Outcome
The suit is struck out with costs to the Defendant.
Orders
- The suit is struck out with costs to the Defendant.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Section 7 of the Civil Procedure Act
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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