KIHINGA FARMERS COMPANY LTD v ELIUD MUCHOKI MAHIHU & 17 others [2006] KEHC 1374 (KLR)
- Court
- High Court of Kenya
- Case number
- 1374
- Citation
- [2006] KEHC 1374 (KLR)
- Decided
- 13 September 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramJ.L.A. OSIEMO
Holding
The preliminary objection is upheld and the plaintiff's suit is struck out with costs to the defendants.
Facts
The plaintiff KIHINGA FARMERS LIMITED had paid for the suit land and obtained judgment in his favor, but declined to vacate the land. The 2nd defendant filed a suit in Nyeri HCC NO. 34 OF 1983, which was restrained from entering the suit premises. The plaintiff then filed this suit seeking to restrain the defendants from dealing with the subdivided parcels.
Issues
- Whether the plaintiff's suit is res judicata
- Whether the plaintiff's attempts to recover the suit property are futile
Reasoning
The dispute relating to the suit property has been heard and finally determined by competent courts, and the plaintiff's attempts to recover the suit property are futile.
Outcome
The plaintiff's suit is struck out with costs to the defendants.
Orders
- Plaint is struck out with costs
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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