Sabir Tahir Sheikh Said & 6 others v Bank of Africa Limited [2018] KEHC 2609 (KLR)
- Court
- High Court of Kenya
- Case number
- 2609
- Citation
- [2018] KEHC 2609 (KLR)
- Decided
- 21 September 2018
The suit is not res judicata and not sub judice. The plaintiffs have not failed to disclose material information. The plaintiffs have locus standi to institute the current suit.
Facts
The plaintiffs claim to be beneficiaries of a deceased, seeking to protect the estate from the sale of assets owned by companies where the deceased was a majority shareholder. The defendant filed a preliminary objection alleging res judicata, sub judice, non-disclosure of material information, and lack of locus standi.
Issues
- If the suit is res judicata
- If the suit is sub judice
- If the respondents failed to disclose material information to the court
- If the respondents have locus standi to institute the current suit
Reasoning
The court found that the causes of action in the two suits were different, and the properties in both suits were the same. The plaintiffs were not parties in the previous suit, and the cause of action was different.
Outcome
The preliminary objection was dismissed.
Orders
- The plaintiffs’ application for interim injunction pending the hearing of the suits was granted.
- The plaintiffs’ application for the order issued on 11th June, 2018 was not vacated.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Independent Electoral & Boundaries Commission v Maina Kiai & 5 Others [2017] eKLR
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