SAMUEL MUTHIA MAGUA v AMERICAN LIFE INSURANCE CO. LTD. [2009] KEHC 3186 (KLR)

Facts

The plaintiff filed a new suit claiming a declaration on the issue of redemption of the mortgage refund and alternative a true account on costs and interest, while the defendant threatened to exercise its power of sale in respect of the same charge and property as in a previous suit.

Issues

1. Whether the new suit is res judicata due to the same parties and property but different causes of action.
2. Whether the defendant's threat to exercise its power of sale is valid in light of the previous suit.

Reasoning

The plaintiff's claims are different from those in the previous suit, and the issues are not the same.

Outcome

The suit should proceed to hearing on priority basis.