David Lubanga Maleya v Japheth Musasa Libese & another; Ernest Chavasu (Interested Party) [2019] KEELC 1641 (KLR)
The bottom line
#The Environment and Land Court struck out a landowner's constitutional petition because he had already litigated the same land dispute and lost multiple times since 2003.
What this practically means
#Executive summary
#Key legal issues
#Whether the constitutional petition is res judicata
The petition is res judicata because the same parties and subject matter were determined in Vihiga SPM Misc. Application No. 34 of 2003, a review application was dismissed on 13th October 2015, and Kakamega ELC No. 158 of 2014 was withdrawn
The court applied sections 6 and 7 of the Civil Procedure Act, Cap 21, quoting them in full. Having perused the court records, it found the tribunal decision had been adopted by the Senior Resident Magistrate's Court, the petitioner's review application had been dismissed for want of merit, and a prior ELC suit had been withdrawn. Since the parties and subject matter were the same, the court declined to enter into the merits of the constitutional claims.
Whether the petitioner is a vexatious litigant
The court found the petitioner vexatious for repeatedly filing cases on the same subject matter
The respondent had shown a history of litigation by the petitioner dating from 2003, including the tribunal proceedings, the appeal, the adoption proceedings, a review application and a prior ELC suit which was withdrawn. The court concluded that the petitioner 'has always sought refuge in the courts of law but he has never been successful' and that the petition was not merited, warranting striking out with costs.
Legal principles established
#- A suit whose matter was directly and substantially in issue in previously determined proceedings between the same parties is res judicata under sections 6 and 7 of the Civil Procedure Act
- A litigant who persistently files numerous cases on the same subject matter is vexatious and does not merit relief
Court orders
#- 1.The petition is struck out
- 2.Costs of the petition awarded (against the petitioner)
- Jurisdiction invoked
- Articles 22, 40 and 258 of the Constitution of Kenya, 2010 (petition alleging violation of constitutional rights)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "David Lubanga Maleya v Japheth Musasa Libese & another; Ernest Chavasu (Interested Party) [2019] KEELC 1641 (KLR)", Case Analysis (2019). ELC Petition No. 1 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1641/eng@2019-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.