Acceler Global Logistics v Landis Limited (Civil Appeal E538 of 2021) [2024] KEHC 9643 (KLR) (Civ) (26 July 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9643
- Citation
- [2024] KEHC 9643 (KLR)
- Decided
- 26 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling in the Small Claims CourtCoramHELEN
Holding
The Appeal is dismissed with costs awarded to the Respondent as it is a complete abuse of the court process.
Facts
The Appellant, Acceler Global Logistics, claimed Kshs 199,221.30 for logistical services provided to the Respondent, Landis Limited, on 30th June 2017 and 30th November 2017. The Respondent raised a Preliminary Objection claiming the matter was res judicata due to a previous suit in Mavoko CMCC No. E009 of 2022.
Issues
- Whether the matter is res judicata
- Whether the Appellant's claim is procedurally correct
Reasoning
The Appellant's claim is part of the sum claimed in a previous suit in Mavoko CMCC No. E009 of 2022, making the matter res judicata.
Outcome
Appeal dismissed
Orders
- Award of costs to the Respondent
Authorities cited
Legislation (2)
- Small Claims Court Act
- Civil Procedure Act
Cases cited (4)
- Otieno, Ragot & Company Advocates -vs- National Bank Kenya Ltd
- Mwita v Woodventure (K) Limited & another
- J N & 5 Others -vs- Board of Management, St. G School Nairobi & Another
- Invesco Assurance Ltd -vs- MW (minor suing through next friend and mother)
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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