AMPANI LEKAKENY v OLE CHESUSUA KIPUTIT & 4 others [2009] KEHC 3133 (KLR)
- Court
- High Court of Kenya
- Case number
- 3133
- Citation
- [2009] KEHC 3133 (KLR)
- Decided
- 16 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendants' application to strike out the plaint on res judicata groundsCoramD. MUSINGA
Holding
The court dismisses the defendants' application to strike out the plaint on res judicata grounds, as the previous suit (Kisii HCCC. No. 85 of 2005) was not res judicata.
Facts
The plaintiff claims to be the registered proprietor of land known as Transmara/Shartuka/943, while the defendants claim it is part of their land Transmara/Shartuka/166. The defendants filed a statement of defence denying the plaintiff's claim.
Issues
- Whether the issues raised in the current suit have been in issue in a previous suit
- Whether the previous suit was heard and finalized by the court
- Whether the plaintiff preferred an appeal to the Court of Appeal in the previous suit
- Whether the current suit is res judicata
Reasoning
The court found that the previous suit was not res judicata because the parties in the previous suit were not the same as those in the current suit, and the matter in issue was not raised in the previous suit.
Outcome
The plaintiff's application to strike out the plaint is dismissed.
Orders
- The defendants' application to strike out the plaint is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- UHURU HIGHWAY DEVELOPMENT LTD VS CENTRAL BANK OF KENYA & OTHERS Civil Appeal No.36 of 1996
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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