Teddy Davis Ngala v Pola Charo Kaniki [2020] KEELC 3788 (KLR)
The bottom line
#A Kenyan court struck out a second land lawsuit because the same dispute between the same people had already been decided in an earlier case.
What this practically means
#Executive summary
#Key legal issues
#Whether the present suit is res judicata under Section 7 of the Civil Procedure Act
The suit is res judicata because the same parcel of land (Kilifi/Mtondia/1893, later Kilifi/Mtondia/2390 after subdivision) and the same parties were before the Court in Malindi ELC No. 36 of 2013, which was heard and determined by Angote J on 11th July 2014.
The court compared the pleadings and found the Plaintiff himself traced the history of the disputed parcel, showing the former suit sought excision of three acres from the same parcel later registered as Kilifi/Mtondia/2390. The matter was directly and substantially in issue, between the same parties litigating under the same title, in a competent court, and was finally decided. The doctrine serves finality of litigation and protects against vexatious multiplicity of suits.
Whether the suit amounts to an abuse of the process of the Court warranting striking out
Yes; being res judicata, the suit is an abuse of process and was struck out on the Defendant's application.
The Defendant applied to strike out the suit as res judicata and an abuse of process. Having found the Plaintiff had already had his day in court over the same property against the same Defendant in ELC No. 36 of 2013, the court was persuaded the application had merit and struck out the suit with costs.
Legal principles established
#- A party who had the opportunity to litigate all issues concerning a property in a former suit between the same parties cannot reopen them in a subsequent suit; res judicata bars such multiplicity of litigation.
Court orders
#- 1.The Defendant's Notice of Motion dated 6th July 2017 is allowed
- 2.The Plaintiff's suit is struck out
- 3.Costs of the suit awarded to the Defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court; doctrine of res judicata under Section 7 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Teddy Davis Ngala v Pola Charo Kaniki [2020] KEELC 3788 (KLR)", Case Analysis (2020). Malindi ELC (unnumbered in judgment; suit dated 28th March 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3788/eng@2020-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.