Magara & 2 others v Lakeview Investments Limited (Environment & Land Case E005 of 2023) [2024] KEELC 371 (KLR)
The bottom line
#The Environment and Land Court struck out a landowners' suit because the same dispute had already been decided, showing Kenyan courts won't allow second attempts at settled cases.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is res judicata
The suit is res judicata as the dispute over LR No. 25693 was directly and substantially determined in Machakos ELC 210 of 2011 between the same parties litigating under the same title, and the court is functus officio.
The court compared the parties and subject matter of the present suit with ELC 210 of 2011, in which a competent court determined ownership of the same land, ordered refund of the purchase price, and later dismissed a review. The court found the parties were the same save for an added plaintiff and the omission of Al Ruhia Estates Limited, and that adding a new cause of action cannot defeat res judicata.
Whether the Plaintiffs are entitled to a permanent injunction and eviction orders
The court declined to consider the injunction and eviction application once it found the suit res judicata.
Having found the suit barred by res judicata and the court functus officio, the court held the Plaintiffs' application seeking interlocutory injunction and eviction orders was unmerited and struck it out, observing that any eviction should have been pursued in compliance with the decree in ELC 210 of 2011.
Legal principles established
#- Parties cannot evade res judicata by adding parties or dressing the same cause of action in a new form.
- Ingredients of res judicata under Section 7 of the Civil Procedure Act require the matter directly and substantially in issue in a former suit between the same parties litigating under the same title, heard and finally decided by a competent court.
Court orders
#- 1.The Plaintiffs' Notice of Motion Application dated 23rd January 2023 struck out with costs.
- 2.The Defendant's Notice of Motion Application dated 17th April 2023 allowed.
- 3.The suit struck out with costs to the Defendant.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act (not expressly cited; suit concerning land in Mavoko, Machakos County)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Magara & 2 others v Lakeview Investments Limited (Environment & Land Case E005 of 2023) [2024] KEELC 371 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/371/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.