PAUL OMASO v MICHAEL ATSULU SHISOKA [2009] KEHC 4135 (KLR)

Facts

The plaintiff seeks a stay of execution of a decree in KAKAMEGA MISC. AWARD NO.14/1998, which ordered eviction of the plaintiff from the suit land. The plaintiff claims the tribunal that made the award lacked jurisdiction.

Issues

1. Jurisdiction of the Butere Land Disputes Tribunal
2. Doctrine of Res Judicata

Reasoning

The plaintiff did not raise the issue of the tribunal's lack of jurisdiction in his appeal. The plaintiff's failure to raise the issue in his previous applications or appeals precludes him from raising it again.

Outcome

Appeal dismissed