LAWI DUDA & OTHERS v BAMBURI CEMENT LIMITED [2006] KEHC 3355 (KLR)
- Court
- High Court of Kenya
- Case number
- 3355
- Citation
- [2006] KEHC 3355 (KLR)
- Decided
- 16 November 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks dismissal of suit on abuse of process grounds, plaintiffs argue matter is not res judicataCoramD. K. MARAGA
Holding
The matter is not res judicata as the application was not decided on its merits.
Facts
Plaintiffs claim their services were terminated due to defendant's reorganization and they were informed and paid terminal benefits. Defendant seeks dismissal on abuse of process grounds.
Issues
- Abuse of process
- Res judicata
Reasoning
The defendant's application was not decided on its merits, and the court dismissed it. The plaintiffs' claim that the matter is not res judicata is upheld.
Outcome
Application dismissed, matter to be heard on its own merits.
Orders
- Application dismissed
- Matter to be heard on its own merits
Authorities cited
Cases cited (2)
- Yat Tung Investment Company Limited v Dao Heng Bank Limited and Another [1975] AC 581
- Anaj Warehousing Ltd v National Bank of Kenya Ltd & Another, Mombasa HCCC No. 311 of 2000
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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