Mwambeja Ranching Company Limited& another v Kenya National Capital Corporation Limited (Kenyac) & 6 others [2015] KEHC 8157 (KLR)
- Court
- High Court of Kenya
- Case number
- 8157
- Citation
- [2015] KEHC 8157 (KLR)
- Decided
- 25 March 2015
The Plaintiff's application for an inhibition order is res judicata and is barred by the previous decisions in HCCC No 225 of 1998 and Civil Application No 40 of 2008.
Facts
The Plaintiff, Mwambeja Ranching Company Limited, sought an injunction to prevent the registration of any transfer, lease, charge, or other instrument in respect of a specific land registered in the name of Shimbaland Ranching Company Limited. The Defendants, Kenya National Capital Corporation Limited and others, opposed the application on the grounds that the Plaintiff had previously filed similar applications that were determined by the court.
Issues
- prospects of issuance of an inhibition on the suit property
- joinder of parties
Reasoning
The court found that the Plaintiff's previous applications for injunctions were similar in nature and had been conclusively determined by the court, thus rendering the current application barred by the doctrine of res judicata.
Outcome
The Plaintiff's application for an inhibition order was dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act
Cases cited (4)
- Japhet Kaimenyi M'ndatho v M'ndatho M'mbwiria (2012) eKLR
- Philip Mwangi Githinji v Grace Wakarima Githinji (2004) eKLR
- HCCC No 225 of 1998
- Civil Application No 40 of 2008
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