Rabala v Judicial Service Commission & another (Miscellaneous Application 100 of 2019) [2020] KEELRC 957 (KLR) (29 May 2020) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 957
- Citation
- [2020] KEELRC 957 (KLR)
- Decided
- 29 May 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureAppeal from a previous dismissal of an application to file a suit out of timeCoramLaw, MA ONYANGO, Musinga, Odunga
Holding
The applicant is barred from filing another suit against the same parties on the same facts due to the doctrine of res judicata.
Facts
The applicant, Donald Odhiambo Rabala, had previously filed Misc. Application No. 648 of 2009 which was dismissed by Odunga J. in 2013. He then appealed to the Court of Appeal, which dismissed his appeal in 2015 and 2018.
Issues
- The subject matter of the current suit has been previously decided by a court of competent jurisdiction and is thus res judicata.
- The applicant seeks leave to file suit out of time, but is barred by the doctrine of res judicata from doing so.
Reasoning
The court applied the doctrine of res judicata, which prevents the same parties from litigating the same matter in subsequent proceedings. The applicant's previous judicial review and dismissal by the Court of Appeal are considered final and binding.
Outcome
The application is dismissed.
Orders
- The applicant's application for leave to file suit out of time is denied.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Employment and Labour Relations Act
- Limitation of Actions Act
Cases cited (3)
- Independent Electoral & Boundaries Commission v Maina Kiai & 5 Others [2017] eKLR
- Mukisa Biscuit Manufacturing Company Limited v West End Distributors Limited [1969] EA 696
- Attorney General and Another v Andrew Maina Githinji and Another [2015]
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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