AGGREY PETER THANDE v CO-OPERATIVE BANK OF KENYA LIMITED [2008] KEHC 2240 (KLR)
- Court
- High Court of Kenya
- Case number
- 2240
- Citation
- [2008] KEHC 2240 (KLR)
- Decided
- 15 July 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePreliminary Objection to Motion for Res JudicataCoramJOYCE N. KHAMINWA
Holding
The court finds no merit in the Preliminary Objection and overrules it, with costs awarded to the plaintiff.
Facts
The plaintiff filed a suit against the defendant for a debt of Shs.22,757,181/45, which was secured. The defendant filed a Notice of Preliminary Objection claiming the suit is res judicata under Section 7 of the Civil Procedure Code Act.
Issues
- Whether the current suit is barred by res judicata due to a previous suit involving the same parties and issue.
- Whether the defendant's right to sell the property is affected by the previous compromise and consent order.
Reasoning
The court ruled that the issues in the current suit could not have been raised in the previous suit, and that the defendant's right to sell the property is not affected by the previous compromise and consent order.
Outcome
Preliminary Objection overruled
Authorities cited
Legislation (1)
- Registered Land Act Cap.300
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.
Loading judgment…