Idris Barasa Bongo & 17 others v Kiambu Dandora Farmers Co. Ltd & 17 others [2022] KEELC 1594 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a preliminary objection, ruling the suit was not sub judice because the earlier cases involved different parties and land.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is sub judice under Section 6 of the Civil Procedure Act
The suit is not sub judice; the previously instituted suits concern different parties and different parcels of land, so Section 6 is not attracted
The court applied the four elements of sub judice set out by the Supreme Court in KNCHR v AG: same subject matter, earlier suit, competent courts, and same parties or those claiming under them. The defendants did not attach pleadings of the cited suits to establish the nexus. On perusal, ELC Petition 47/2011 and ELC 352/2019 concern different parties and parcels; JR 35/2018 concerned a NLC determination over L.R 11379/3; and Dynamic Sisters (ELC 243/2020) had withdrawn from this suit.
Legal principles established
#- A preliminary objection must be a pure point of law argued on the assumption that the facts pleaded by the other side are correct
- Elements of res sub judice: multiple suits over the same subject matter, earlier institution, pending before competent courts, and same parties or their representatives
- Purpose of sub judice is to prevent parallel litigation on the same cause of action, subject matter and relief to avoid contradictory verdicts
Court orders
#- 1.The preliminary objection dated 15th December 2020 (filed by the 1st, 9th and 12th Defendants) is dismissed
- 2.Costs of the preliminary objection to the 1st–6th Plaintiffs and 8th–18th Plaintiffs
- Jurisdiction invoked
- Article 162(2)(b) jurisdiction of the Environment and Land Court (not expressly stated in the ruling); ruling decided under Section 6 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Idris Barasa Bongo & 17 others v Kiambu Dandora Farmers Co. Ltd & 17 others [2022] KEELC 1594 (KLR)", Case Analysis (2022). Civil Suit No E137 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1594/eng@2022-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.