Winfred Wambui King’ori v Paramount Bank Limited & 4 others [2021] KEHC 13343 (KLR)
- Court
- High Court of Kenya
- Case number
- 13343
- Citation
- [2021] KEHC 13343 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final order of the Court of AppealCoramKimaru, ML, Omollo, Platt, R, Somervell L
Holding
The application is dismissed as res judicata and the Plaintiff is not entitled to an injunction.
Facts
The Plaintiff applied for an injunction to restrain the 1st Respondent from disposing of two properties (L.R. No. 13824 and L.R. 14600) pending her appeal against a previous ruling dismissing her earlier application.
Issues
- Whether the instant application is res judicata
- Whether the instant application is an abuse of court process
- Whether the applicant has established any grounds to warrant the orders sought
Reasoning
The court found that the Plaintiff's application is barred by the doctrine of res judicata as the same issues were previously decided by the Court of Appeal.
Outcome
Appeal dismissed
Orders
- Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Indian Transfer of Property Act
- Land Act
Cases cited (3)
- Samuel Koech v Republic
- Kenya Aviation Workers Union v Kenya Airways PLC
- Re Application for leave to hold the postponed Law Society of Kenya Annual General Meeting Virtually
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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