Mary Nyambura Kinyanjui Njehia v National Bank Kenya Ltd [2016] KEHC 609 (KLR)
- Court
- High Court of Kenya
- Case number
- 609
- Citation
- [2016] KEHC 609 (KLR)
- Decided
- 6 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramJANET MULWA
Holding
The suit is declared Res judicata and the plaint is struck out with costs to the defendant.
Facts
The plaintiff, Mary Nyambura Kinyanjui Njehia, brought a suit against the defendant, National Bank Kenya Ltd, seeking recovery of monies owed by sale of properties. The same parties and issues were involved in a previous case (HCCC NO. 22 of 2015).
Issues
- Res judicata in the previous case
- Abuse of court process by bringing similar suit
Reasoning
The court found that the subsequent suit was brought in bad faith and was an abuse of the court process, as it concerned the same matter and parties as a previous case that is still pending.
Outcome
Appeal dismissed
Orders
- Plaintiff's suit is struck out with costs to the defendant
Authorities cited
Legislation (2)
- Civil Procedure Act
- Section 7 of the Civil Procedure Act
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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