Susan Kirigo Kinyua v I & M Bank Ltd & another [2018] KEELC 98 (KLR)
The bottom line
#A Kenyan court dismissed a wife's bid to stop a bank auction because her claims had already been decided in an earlier case involving her husband's company.
What this practically means
#Executive summary
#Key legal issues
#Whether the application is res judicata the earlier application in Nyeri ELC No. 192 of 2017
It is res judicata; the issue of service of statutory notices on the applicant and tenants was raised and considered in the former proceedings, and the applicant, represented by the same advocate, could not claim ignorance of them
The court read the ruling in the former application, particularly paragraph 35, and found that whether the applicant and tenants were served with notices under the Land Act was raised there, even if no conclusive finding was made. The applicant is the spouse of the earlier applicant's principal and used the same advocate, so she could not have been unaware. Relying on Omondi v National Bank of Kenya Ltd, adding parties or causes of action does not escape res judicata.
Legal principles established
#- Parties cannot evade the doctrine of res judicata by merely adding other parties or causes of action in a subsequent suit
Court orders
#- 1.The notice of motion dated 13th August 2018 is dismissed
- 2.Costs of the application to the respondents
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court over applications for temporary injunction restraining sale of land (suit properties Thegenge/Karia/1387 and Nyeri/Municipality Block III/70)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Susan Kirigo Kinyua v I & M Bank Ltd & another [2018] KEELC 98 (KLR)", Case Analysis (2018). Nyeri ELC Case (notice of motion dated 13th August 2018 in the plaint dated 13th August 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/98/eng@2018-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.