MARY W. NGUNJU v MWALAA KAPULANGA [2011] KEHC 3674 (KLR)
- Court
- High Court of Kenya
- Case number
- 3674
- Citation
- [2011] KEHC 3674 (KLR)
- Decided
- 1 March 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypecivilPosturePreliminary Objection to a fresh suitCoramH. A. OMONDI, Mr. Otara
Holding
The court directs the District Surveyor to visit the disputed portion and file a report to confirm the parcel number and whether the disputed parcel is the same as the parcel in the previous case.
Facts
The plaintiff, Mary W. Ngunjju, claims that the defendant, Mwalaa Kapulanga, trespassed on her land. The defendant argues that the case is res judicata due to a previous case (Kilifi SRM Land Dispute No. 17 of 2005) involving the same parties and subject matter.
Issues
- Whether the current suit is res judicata due to the previous case
- Whether the plaintiff committed perjury in her verifying affidavit
Reasoning
The court acknowledges the previous case but notes that the parties may be referring to the same parcel on the ground, and thus the matter should proceed.
Outcome
The suit is not dismissed, but the court directs the District Surveyor to visit the disputed portion and file a report.
Orders
- District Surveyor to visit the disputed portion and file a report
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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