David Mwangi Nduati v Njoroge Mukami [2002] KEHC 1226 (KLR)

Facts

The dispute arose from the registration of land in the name of the applicant's father, Njoroge Makumi, and the subsequent transfer of the land to the respondent's father, David Mwangi Nduati, after the death of Makumi Nguru. The applicant's father, Njoroge Makumi, appealed the decision, which was upheld by the High Court, and the case was appealed to the Court of Appeal, which struck out the appeal due to procedural issues. The applicant now seeks to review the judgment of the High Court.

Issues

1. Whether the applicant's appeal is res judicata
2. Whether the original judgment can be reviewed in the interest of justice

Reasoning

The court holds that the applicant's appeal is not res judicata because the original judgment was based on the lack of jurisdiction of the elders panel, not the merits of the case. The court also finds that the applicant has not brought out any new facts that would justify reviewing the original judgment.

Outcome

The court dismisses the applicant's application.

Authorities cited