Amos K. Chomboi v Baringo County Government & 7 others [2018] KEELC 664 (KLR)
The bottom line
#A Kenyan court struck out a land claim over a parcel already finally decided in earlier litigation, confirming you cannot re-litigate the same ownership dispute twice.
What this practically means
#Executive summary
#Key legal issues
#Whether the claim over Pokor/Kures/83 is res judicata
The suit in so far as it concerns Pokor/Kures/83 is res judicata and was struck out
The plaintiff was a plaintiff in Nakuru HCCC No. 644 of 1991 (OS) in which entitlement to Pokor/Kures/83 by adverse possession was claimed; the deceased was also a plaintiff in that suit. The High Court found for the plaintiffs, but the Court of Appeal in Nakuru Civil Appeal No. 44 of 2007 set aside that judgment and dismissed the OS. The parties and subject matter are the same, the determining court was competent, and the matter was finally decided. The plaintiff's claim of ownership as foundation for an injunction over Pokor/Kures/83 is therefore barred.
The ingredients of res judicata under Section 7 of the Civil Procedure Act
The court adopted the three ingredients: the matter in dispute in the former suit must be directly and substantially in dispute; the parties must be the same or claim under the same title; and the former court must have been competent and have determined the matter finally
Relying on Section 7 of the Civil Procedure Act and the decision in John Florence Maritime Services, the court restated the ingredients of res judicata and applied them to the facts. The parcels, the parties, the title under which the plaintiff claims, and the finality of the Court of Appeal's determination all pointed to the doctrine applying to the claim over Pokor/Kures/83.
Legal principles established
#- For res judicata to apply, there must have been a previous suit in which the matter was in issue; the parties must be the same or litigating under the same title; the previous matter must have been heard and determined by a competent court; and the issue must be raised again in the new suit
- A claimant cannot re-litigate an issue already determined with finality by a superior court; a claim for injunction founded on ownership already negated is barred by res judicata
Court orders
#- 1.The plaintiff's suit in so far as it concerns the parcel of land known as Pokor/Kures/83 is struck out as res judicata
- 2.Costs of the suit as regards Pokor/Kures/83 to the defendants, to be determined at the conclusion of the entire case since the plaintiff's suit as regards Pokor/Kures/65 survives
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court; application under Order 2 rule 15 of the Civil Procedure Rules and Section 7 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amos K. Chomboi v Baringo County Government & 7 others [2018] KEELC 664 (KLR)", Case Analysis (2018). Notice of Motion dated 14th February 2018 within the plaint suit (Nakuru ELC), by the 7th and 8th defendants. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/664/eng@2018-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.