Eric Peter Wanjau v Margaret Kasera & 6 others [2018] KEELC 2849 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a land suit as res judicata, confirming courts will not allow the same dispute to be relitigated with cosmetic changes.
What this practically means
#Executive summary
#Key legal issues
#Whether the instant suit is res judicata to Nairobi HCCC No. 3257 of 1978
Yes - the same suit land and substantially the same cause of action were determined in the former suit, whose judgment as set aside on appeal vested title in George Montet; purchasers from him claim under the same title
The court found it undisputed that the suit land NGONG/NGONG/15933 was the subject of HCCC No. 3257 of 1978, that the judgment adopting the arbitration award was set aside by the Court of Appeal, and that the Plaintiff never sought review. The Defendants, as purchasers for value from George Montet, claim under him, so suing them is the same cause of action cosmetically recast; the Plaintiff is barred by Section 7 of the Civil Procedure Act.
Legal principles established
#- Parties cannot evade res judicata by adding parties or reframing the same cause of action; litigation must come to an end
Court orders
#- 1.The two Notice of Motion applications dated 11th September, 2017 and 13th December, 2017 are allowed as prayed
- 2.The suit is struck out
- 3.Costs to the Defendants
- 4.The Interested Party to bear her own costs
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 7 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eric Peter Wanjau v Margaret Kasera & 6 others [2018] KEELC 2849 (KLR)", Case Analysis (2018). Not stated in the judgment (Environment and Land Court suit, Ngong). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2849/eng@2018-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.