Lukorito v Siror (Environment & Land Case 26 of 2019) [2025] KEELC 1348 (KLR)
The bottom line
#A Kenyan court dismissed a landowner's second injunction bid, ruling the earlier court decision settled the same dispute.
What this practically means
#Executive summary
#Key legal issues
#Whether the supplementary affidavit filed without leave was properly on record
It was improperly on record, a nullity, and was expunged
The plaintiff filed a supplementary affidavit without the court's leave. Relying on the Salat decision of the Supreme Court, the court held that a document filed without leave is a nullity, illegally on record, and must be expunged; the court therefore declined to summarize or consider its contents.
Whether the injunction application was res judicata
Yes; a similar application at the initiation of the suit had already been considered and determined on merits between the same parties
The applicant had earlier moved the court for similar injunction orders at the inception of the suit, which were considered on the merits. Under Section 7 of the Civil Procedure Act the court is precluded from trying an issue directly and substantially in issue in a former suit between the same parties litigating under the same title. The second application was therefore barred. Further, the applicant never sought extension or review of the earlier orders, which had lapsed under Order 40 Rule 6.
Legal principles established
#- A document filed without leave of court is a nullity and must be expunged from the record
- Submissions do not constitute evidence
- A second application between the same parties over the same subject, already determined on merits, is res judicata
- An interlocutory injunction lapses after twelve months if the suit is not determined within that period
Court orders
#- 1.The Supplementary Affidavit sworn by Veronicah Terigi Lukorito on 7/12/2024 is declared improperly on record, a nullity, and expunged from the record
- 2.The Notice of Motion dated 08/04/2024 is dismissed with costs to the Respondent
- 3.The matter be mentioned on March 26, 2025 before the Judge for further directions
- Jurisdiction invoked
- Civil Procedure Act, Sections 1, 1A and 1B; Order 1 Rule 3 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Brant & others v Kaingu & others (Environment and Land Case 222 of 2019) [2026] KEELC 4463 (KLR)[2026] KEELC 4463 (KLR)14 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Lukorito v Siror (Environment & Land Case 26 of 2019) [2025] KEELC 1348 (KLR)", Case Analysis (2025). Notice of Motion dated 08/04/2024 in the pending suit. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1348/eng@2025-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.