Republic v Director of Public Prosecutions & another Ex-parte Ramesh Chandra Govind Gorasia [2016] KEHC 763 (KLR)
- Court
- High Court of Kenya
- Case number
- 763
- Citation
- [2016] KEHC 763 (KLR)
- Decided
- 1 November 2016
The court found that the doctrine of res judicata was properly taken as a preliminary objection on a point of law and that the matter in issue in the previous suit was the same as in the current application.
Facts
The applicant, Ramesh Chandra Govind Gorasia, sought leave to apply for orders of prohibition prohibiting the respondents from prosecuting him in criminal case No. 1043 of 2016 filed in the Chief Magistrate's Court, Milimani Law Courts, Nairobi.
Issues
- Whether the applicant's application is res judicata to the previous case (JR 304/2016) between the same parties and issues.
- Whether the doctrine of res judicata can be raised as a preliminary objection.
Reasoning
The court considered the principles of res judicata and found that the doctrine was properly applied as a preliminary objection. The court then revisited the legal principles guiding the applicability of the doctrine.
Outcome
The court upheld the preliminary objection and dismissed the application.
Authorities cited
Cases cited (5)
- Mukisa Biscuits Manufacturing Company Ltd Vs West End Distributors Ltd [1969] EA 696
- Omondi Vs National Bank of Kenya Ltd & Others [2001] KLR 579
- Lotta V Tanaki [2003] 2 EA 556
- Gurbachan Singh Kaisi V Yowani Ekori CA 62/1958
- Yat Tung Investments Company Ltd V Dao Heng Bank Ltd [1975] AC 581,590
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