ANNE BUHASYO OKINYO v HOUSING FINANCE COMPANY OF KENYA LTD [2007] KEHC 239 (KLR)
- Court
- High Court of Kenya
- Case number
- 239
- Citation
- [2007] KEHC 239 (KLR)
- Decided
- 22 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out suit as vexatious and abuse of processCoramH. M. OKWENGU
Holding
The suit is stayed under Section 6 of the Civil Procedure Act
Facts
Anne Buhasyo Okinyo filed four previous suits against Housing Finance Company of Kenya Ltd on the same subject matter, involving the same parties and issues. The suits were related to a loan secured on a property known as Eldoret Municipality/Block 12/140.
Issues
- Whether the current suit is vexatious and an abuse of process
- Whether the suit is res judicata
Reasoning
The court found that the previous suits were related to the same parties and issues, and that the current suit is not res judicata since none of the previous suits has been heard and finally determined.
Outcome
The suit is stayed
Orders
- The suit shall be stayed under Section 6 of the Civil Procedure Act
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (4)
- Halsbury’s Laws of England 4th edition volume 4
- Judicial Hints on Civil Procedure by R. Kuloba
- Kamunge & Others vs Pioneer General Assurance Society [1971] EA 263
- Pop In Kenya Limited & Others vs Habib Bank AG Zurich Nairobi Civil Appeal No. 80 of 1988 (unreported)
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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