County Government of Kilifi &another; v Registrar of Titles & Others [2021] KEELC 2810 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a Mtwapa land petition because the same dispute had already been finally decided, and renaming parties or claims doesn't restart litigation.
What this practically means
#Executive summary
#Key legal issues
#Whether the petition is res judicata
The petition is res judicata as it raises the same issues over the same plots previously litigated and finally determined in HCCC No. 732 of 1991, Civil Appeal No. 125 of 1997 and HCCC No. 64 of 2004
The court found the subject matter in all suits to be Plot Nos. 324 and 334 Section III Mainland North; judgment in the former suit was entered on merit after parties presented evidence, and the matter went on appeal where the Court of Appeal delivered judgment. Petitioners had merely camouflaged previously litigated issues, possibly adding other parties, which does not evade res judicata.
Whether adding unnamed parties/occupiers as beneficiaries avoids res judicata
No; parties cannot evade res judicata by adding other parties or causes of action in a subsequent suit
The petition was brought on behalf of unnamed individuals and families whose interests were said to be represented by the 1st Petitioner. The court held those named individuals may as well be the parties in the former suits, and Section 7 of the Civil Procedure Act bars suits between parties or those under whom they claim, litigating under the same title.
Legal principles established
#- The elements of res judicata are conjunctive rather than disjunctive; all must be present before a suit is deemed res judicata
- Parties cannot evade the doctrine of res judicata by merely adding other parties or causes of action in a subsequent suit
- Res judicata extends to every point which properly belonged to the subject of litigation and which parties exercising reasonable diligence might have brought forward
Court orders
#- 1.The Notice of Motion dated 15th February 2021 and the Notice of Preliminary Objection are allowed
- 2.The Amended Petition dated 14th July 2020 is struck out with costs
- Jurisdiction invoked
- Articles 23(1), 165(5), 165(6) and (7) of the Constitution; Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kilifi &another; v Registrar of Titles & Others [2021] KEELC 2810 (KLR)", Case Analysis (2021). Not stated in extract (Constitutional Petition, Environment and Land Court, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2810/eng@2021-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.