Tassia Plot Owners Association v Managing Trustee of the National Social Security Fund & another [2015] KEHC 3798 (KLR)
- Court
- High Court of Kenya
- Case number
- 3798
- Citation
- [2015] KEHC 3798 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosturePetitioners seek declarations and injunctions against the respondents.CoramEAC, Korir, Lenaola
Holding
The Court finds that the issues raised in the petition are res judicata and strikes out the petition.
Facts
The petitioners are an association of persons registered with the Ministry of Gender, Children & Social Development. They seek declarations and injunctions against the respondents regarding the imposition of an additional cost of Ksh920,000.00 per person for infrastructure development and the implementation of the Tassia II and III Regularization Plan on Infrastructure Development.
Issues
- Whether the issues raised in the petition are res judicata having been addressed in Judicial Review Application No. 218 of 2014.
- Whether the petitioners' claims are barred by the principle of res judicata.
Reasoning
The Court applies the principle of res judicata as set out in the Civil Procedure Act, considering the elements of direct and substantial issue, same parties, and final judgment in the previous suit.
Outcome
The petition is struck out.
Authorities cited
Legislation (1)
- Civil Procedure Act, Cap 21
Cases cited (4)
- Job Kipkemei Kilach vs Director of Public Prosecutions and 2 Others (2014) eKLR
- Charo Kazungu Matsere and 273 Others v Kencent Holdings Limited and Another (2012) eKLR
- Karia and Another v the Attorney General and Others (2005) 1EA 83
- Swamy Atmananda vs Sri Ramakrishna Tapovanam (2005) 10 SCC 51
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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