Stanley Kahoro Mwangi & 2 Others v Kanyamwi Trading Company Limited [2014] KEHC 4192 (KLR)
- Court
- High Court of Kenya
- Case number
- 4192
- Citation
- [2014] KEHC 4192 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous suitCoramNambuye, O'Kubasu, Omondi, Ouko, RSC Omolo, Warsame
Holding
The plaintiffs' application for an injunction and the suit are res judicata and are hereby struck out.
Facts
The plaintiffs and the defendant were involved in a previous suit under the same title, and the issues raised in the current suit are the same as those in the previous suit.
Issues
- The plaintiffs' application for an injunction to stop or postpone the sale of the suit properties.
- The plaintiffs' abuse of the due process of the court by failing to disclose material facts.
Reasoning
The court found that the plaintiffs abused the due process of the court by failing to disclose material facts and that the plaintiffs' suit is res judicata, thus summarily dealing with the plaintiffs' application.
Outcome
The plaintiffs' application for an injunction and the suit are struck out.
Orders
- The plaintiffs' application for an injunction and the suit are struck out.
Authorities cited
Cases cited (1)
- Gimalu Estates Limited & Anor. Vs. International Finance Corporation & Anor. Nairobi HCCC No.65 of 2007 (unreported)
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…