Desderio Nkonge Kirugu v Land Adjudication Officer Mariani Adjudication Section; Benson Nchunge Kujoga (Interested party) [2022] KEELC 1070 (KLR)
The bottom line
#The Environment and Land Court in Chuka dismissed a landowner's fresh attempt to compel an adjudication officer to alter records, ruling the same issue had already been decided in 2018.
What this practically means
#Executive summary
#Key legal issues
#Whether the notice of motion dated 29th November 2021 is res judicata
The application is res judicata and an abuse of the court process
The order sought (compelling the adjudication officer to alter records and return plot No. 160) is identical to the order of mandamus rejected in the judgment of 14th May 2018 in Chuka Judicial Review No. 04 of 2017. The subject matter and parties are the same, the former suit was determined by a competent court, and the applicant is attempting to re-litigate a concluded matter. The doctrine bars issues that ought to have been raised earlier.
Whether the applicant is entitled to the prayers sought
The applicant is not entitled to the prayers since the matter was conclusively determined on 14th May 2018
The 2018 judgment issued certiorari quashing the objection decision but declined mandamus and prohibition. Seeking the same mandamus relief anew in a different application cannot circumvent that determination. Litigation must come to an end and a party who has had his day in court cannot re-litigate the same issues against the same opponent.
Legal principles established
#- All elements of res judicata under section 7 of the Civil Procedure Act must be satisfied conjunctively before the doctrine is invoked
- 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 points which properly belonged to the subject of litigation and which parties exercising reasonable diligence might have brought forward
Court orders
#- 1.Applicant's application dated 29th November 2021 is dismissed with costs
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Desderio Nkonge Kirugu v Land Adjudication Officer Mariani Adjudication Section; Benson Nchunge Kujoga (Interested party) [2022] KEELC 1070 (KLR)", Case Analysis (2022). Not stated in the judgment (notice of motion dated 29th November 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1070/eng@2022-03-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.