Micah Chumo v Douglas Ngunjiri Waichung & another [2021] KEELC 896 (KLR)
The bottom line
#The Environment and Land Court struck out a land suit because a family member tried to relitigate a case other relatives had already lost.
What this practically means
#Executive summary
#Key legal issues
#Whether the present suit is res judicata in light of Kitale HCCC No.92 of 2004 and the Court of Appeal judgment
The suit is res judicata; the issues were determined between parties litigating under the same title by competent courts
The court found no dispute that the Plaintiff and the 8th to 10th Defendants in Kitale HCCC No.92 of 2004 were from the same family of the deceased. The prior suit was heard and finally determined, with the Court of Appeal affirming the 1st Defendant's ownership and dismissing the Counter-Claim. Applying the conjunctive elements of res judicata from the IEBC v Maina Kiai decision, the court held the doctrine applied, bringing finality to the litigation between the parties claiming under the same title.
Whether the suit is an abuse of the process of the court
Yes; the Plaintiff, a family member, watched the litigation from the sidelines and only sued after the decree was executed, seeking to revive determined issues
The Plaintiff obtained a limited grant on 29th March, 2019, two months after the Court of Appeal judgment, and filed suit after the decree had been executed and the building demolished. The court reasoned that the Plaintiff stood by while the 8th to 10th Defendants, of the same family, litigated and lost, then sought to relitigate on the basis they lacked letters of administration. Applying authorities on abuse of process, the court found the suit vexatious, oppressive and wanting in bona fides, an improper use of judicial process collaterally to revive a concluded matter.
Legal principles established
#- The elements of res judicata must be satisfied conjunctively
- Abuse of process has no all-encompassing definition and is determined by the circumstances of each case
Court orders
#- 1.Preliminary Objection dated 6th May, 2019 upheld on both limbs (res judicata and abuse of process)
- 2.Plaintiff's suit dismissed with costs to the 1st Defendant
- 3.Notice of Motion dated 2nd May, 2019 dismissed with costs to the 1st Defendant
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the suit property (the court notes the High Court is 'now ELC')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Micah Chumo v Douglas Ngunjiri Waichung & another [2021] KEELC 896 (KLR)", Case Analysis (2021). Not stated in judgment (Preliminary Objection dated 6th May, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/896/eng@2021-11-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.