Equip Agencies Limited & another v Daniel Njuguna Gitau, Lucas Kiiru Ngigi, Kelvin Mureithi & Mary Njoroge (Sued as Office Bearers of Gilgil Total Investors Self Help Group) & 4 others (Environment & Land Case 89 of 2024) (Environment and Land) [2024] KEELC 5306 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out a property dispute as a repeat of already-decided cases, and refused eviction orders sought without a full trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit and application were res judicata
Yes – the issues, parties and subject matter were substantially the same as in previous suits and applications determined by competent courts, which were not overturned on appeal
The court reviewed the chain of litigation (Naivasha HCC No. 9 of 2016, Nakuru ELC No. 166 of 2017, Naivasha HCC No. 6 of 2018, HCC No. 87 of 2019 and rulings on the Deed of Settlement dated 10th June 2021). It found the sale, the auction and ownership of the suit property had been determined by competent courts, judgments remained unappealed, and the parties were similar or litigating under the same title, satisfying Section 7 of the Civil Procedure Act.
Whether eviction/vacant possession orders could issue on the 1st and 3rd Defendants' application
No – the limb was struck out because striking out the Plaint left no substantive suit supporting an executable decree, and such orders cannot be granted in an interlocutory application
The court held that once the Plaint is struck out, no decree capable of execution under Order 22 of the Civil Procedure Rules exists. Relying on Tatecoh Housing, it held that eviction orders require a full hearing in a substantive suit, so the relief sought was final relief improperly sought in a notice of motion.
Legal principles established
#- For res judicata to apply, the elements of a former final judgment on merit by a competent court and identical parties, subject matter and cause of action are conjunctive
- Parties cannot evade res judicata by adding parties or causes of action in a subsequent suit
- Substantive orders such as eviction cannot be granted in a notice of motion without a substantive suit
Court orders
#- 1.The Plaintiffs' application dated 2nd August 2023 is dismissed and the entire suit struck out with costs for being res judicata
- 2.The interim orders of injunction granted on 7th August 2023 and extended on 21st August 2023 are set aside
- 3.The applications dated 28th August 2023 and 18th September 2023 partially succeed
- 4.The limb of the application dated 18th September 2023 seeking vacant possession and eviction of the Plaintiffs is denied/struck out
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 13(2) of the Environment and Land Court Act (invoked by the Plaintiffs); jurisdiction challenged on res judicata grounds under Section 7 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Equip Agencies Limited & another v Daniel Njuguna Gitau, Lucas Kiiru Ngigi, Kelvin Mureithi & Mary Njoroge (Sued as Office Bearers of Gilgil Total Investors Self Help Group) & 4 others (Environment & Land Case 89 of 2024) (Environment and Land) [2024] KEELC 5306 (KLR)", Case Analysis (2024). ELC Case E017 of 2023 (Naivasha) – as per suit herein; applications dated 2nd August 2023, 28th August 2023 and 18th September 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5306/eng@2024-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.