Danson K. Cheboi & 88 others v Chesang Kiptalai & 10 others [2017] KEELC 1395 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a clan land suit because the same clans had already litigated the identical dispute decades earlier — you cannot restart a decided case by adding more names.
What this practically means
#Executive summary
#Key legal issues
#Res judicata
The issues raised in this suit are identical to those determined in Eldoret SRMCC Land Case No. 62 of 1986 and Eldoret HC Civil Appeal No. 3 of 1987 between the same parties; the suit is res judicata
The court found that the High Court, exercising appellate jurisdiction on 30.7.1987, dismissed the Kaptobon clan's appeal over land awarded by elders to Kipsaiya clan, and the application to set aside the elders' award had also been dismissed. The present plaintiffs seek to nullify all those proceedings and refer the same dispute to arbitration. The parties are the same clans; adding members' names does not alter the res judicata principle.
Jurisdiction/concurrent jurisdiction
The ELC has concurrent jurisdiction with the High Court as at 30.7.1987, so the prior proceedings were before a court of competent jurisdiction
The court noted that in 1987 the Environment and Land Court had not been established, and the High Court then had jurisdiction over the dispute. The ELC, having concurrent jurisdiction with the High Court as at the date of the prior decision, cannot relitigate that determination; there was finality when the High Court referred the matter back to the panel of elders.
Abuse of process
The proceedings are an abuse of the process of the court
Having found the matter previously determined by a competent court between the same parties on the same issues, the court concluded the suit amounted to an abuse of process and upheld the preliminary objection, striking out the suit with costs.
Legal principles established
#- A suit raising issues identical to those previously determined by a court of competent jurisdiction between the same parties is res judicata and an abuse of court process; adding names of clan members does not defeat the doctrine
- The Environment and Land Court has concurrent jurisdiction with the High Court over disputes determined by the High Court before the ELC was established
Court orders
#- 1.The preliminary objection is upheld
- 2.The suit is struck out with costs
- Jurisdiction invoked
- Environment and Land Court jurisdiction (concurrent with the High Court as at 30.7.1987); specific statutory provision not cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Danson K. Cheboi & 88 others v Chesang Kiptalai & 10 others [2017] KEELC 1395 (KLR)", Case Analysis (2017). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1395/eng@2017-09-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.