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ELCStruck Out· [2016] KEELC 704 (KLR)

John Silas Puleiy v Jackson Karanja Muhia [2016] KEELC 704 (KLR)

Environment and Land Court
21 March 2016
1,575 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A landowner can't file a new suit while a nearly identical case over the same property is still pending — the court struck it out and awarded costs.

What this practically means

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Executive summary

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This judgment of the Environment and Land Court (L. Gacheru, J) determined two applications: the Plaintiff's Notice of Motion dated 27th March 2014 seeking a temporary injunction restraining the Defendant from trespassing on LR. No. Ngong/Township/Block 2/350, and the Defendant's application dated 24th October 2014 seeking dismissal of the suit. The dispute concerns ownership of the suit parcel. The Defendant claimed he was the registered owner until the Lands Registrar, Kajiado revoked his title (published in the Kenya Gazette of 4th February 2011), whereupon he filed Judicial Review proceedings, Machakos H.C. Misc. JR. No. 39 of 2012, in which the revocation was quashed by order of 25th April 2012. The Plaintiff, whose title issued on 25th November 2011, then filed an application in those JR proceedings on 10th July 2012 seeking to set aside the quashing order, which remained unprosecuted. The Defendant argued the present suit was res judicata and/or sub-judice and an abuse of process. The Plaintiff acknowledged the pending JR proceedings but contended he filed this suit because there was no Environment and Land Court Judge in Machakos. The court held that the Plaintiff's pending application in the JR proceedings sought similar reliefs, that Section 6 of the Civil Procedure Act barred parallel proceedings between the same parties, and that instituting this suit was an abuse of court process. The Defendant's application was allowed; the Plaintiff's suit was struck out with costs to the Defendant, and the court made no findings on the Plaintiff's injunction application.

Key legal issues

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01

Whether the suit is barred by sub-judice/res judicata given pending Judicial Review proceedings

Holding

The suit was struck out as an abuse of process because the Plaintiff had sought similar reliefs in an application pending in Machakos H.C. Misc. JR. No. 39 of 2012

Reasoning

The court found that Section 6 of the Civil Procedure Act barred it from proceeding where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties. On perusal of the Plaintiff's application of 10th July 2012, the Plaintiff had sought similar orders to those in this suit. The principles of res judicata and sub-judice exist to prevent abuse of court process where parallel proceedings are heard before two courts of competent jurisdiction.

p. 3
02

Whether multiplicity of suits should be avoided

Holding

Yes - the court adopted the reasoning in Nyanza Garage vs. Attorney General that multiplicity of suits between the same parties over the same subject matter should be avoided

Reasoning

The court cited with approval the Nyanza Garage decision, noting that multiplicity of suits clogs the wheels of justice, wastes parties' time and money, and adds to the backlog of cases. Parties were advised to avoid a multiplicity of suits.

p. 3

Legal principles established

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  • Instituting a suit while an application seeking similar reliefs is pending before a court of competent jurisdiction is an abuse of the court process

Court orders

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  1. 1.The Defendant's application dated 24th October 2014 is allowed
  2. 2.The Plaintiff's suit is struck out
  3. 3.The Defendant shall have the costs of the suit
  4. 4.No findings made on the Plaintiff's Notice of Motion dated 27th March 2014

Authorities

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Legislation

  • Civil Procedure ActSections 6 and 7

Cases cited (1)

  • Nyanza Garage vs. Attorney General
    Kampala HCCS No. 450 of 1993
Jurisdiction invoked
Environment and Land Court jurisdiction over the suit parcel LR. No. Ngong/Township/Block 2/350

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "John Silas Puleiy v Jackson Karanja Muhia [2016] KEELC 704 (KLR)", Case Analysis (2016). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/704/eng@2016-03-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.