Raphael Wanjohi & another v Peter Kimonye [2005] KEHC 2422 (KLR)
- Court
- High Court of Kenya
- Case number
- 2422
- Citation
- [2005] KEHC 2422 (KLR)
- Decided
- 10 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing an application to revive a suit and to enlarge time within which to substitute a deceased plaintiffCoramRUTH N. SITATI
Holding
The application is dismissed as res judicata and the applicants are not entitled to the orders sought.
Facts
The applicants sought to revive a suit and to enlarge time within which to substitute the deceased 1st plaintiff, Raphael Wanjohi, with Faith Wangui Gatimu and Margaret Wanjiku Machira. The application was dismissed for non-attendance.
Issues
- Whether the application is res judicata
- Whether the applicants are entitled to the orders sought
Reasoning
The court finds that the application is res judicata due to the ruling of the court dated 14.7.2004, and the applicants are not entitled to the orders sought.
Outcome
The application is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Mburu Kinyua v Gacheni Tuti
- Yat Tung Investment Co. Ltd v Heng Bank Ltd
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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