Daniel Mutua Kithangati & another v Munyao Sila [2018] KEELC 683 (KLR)
The bottom line
#A Kenyan land court struck out a suit because the claimants should have challenged the title within the earlier succession case, not through a fresh lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Res judicata / abuse of process
The suit was struck out because the Plaintiffs' claim ought to have been raised in Kitui Succession Cause No. 34 of 2005 and Kitui PMCC No. 312 of 2011; the suit was sub judice the later Kitui suit and was frivolous and an abuse of process.
The Defendant's title to parcel 2033 derived from the Certificate of Confirmation of Grant in Kitui Succession Cause No. 34 of 2005, under which parcel 1191 was registered in favour of Musangi Masika and the Defendant in equal shares and later subdivided. The Defendant had also sued the Plaintiffs' father over the same land in Kitui SRMCC No. 312 of 2011. The Plaintiffs' claim should have been litigated in those proceedings; bringing a separate suit was res judicata and abusive.
Striking out a plaint
The court allowed the Defendant's application and struck out the Plaint dated 23rd October, 2013 with costs.
The application sought striking out on grounds that the suit was scandalous, frivolous or vexatious, would prejudice, embarrass or delay fair trial, or was otherwise an abuse of process. The court found the suit frivolous and an abuse of process, given the prior succession and civil proceedings from which the Defendant's title emanated, and therefore allowed the application.
Legal principles established
#- Where a party's title emanates from orders made in court proceedings, a party aggrieved by those orders must challenge them in those proceedings rather than by a fresh suit
Court orders
#- 1.The Defendant's Application dated 13th October, 2014 is allowed
- 2.The Plaintiffs' Plaint dated 23rd October, 2013 is struck out
- 3.Costs of the application and the main suit to the Defendant
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute relating to title to land; court also exercised inherent power to strike out an abusive suit
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Mutua Kithangati & another v Munyao Sila [2018] KEELC 683 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/683/eng@2018-11-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.