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ELCStruck OutNot stated (notice of motion dated 19/8/2025)· [2025] KEELC 7836 (KLR)
Njoroge v Mwagandi (Environment and Land Appeal E026 of 2025) [2025] KEELC 7836 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The defendant/applicant filed a notice of motion dated 19/8/2025 under Sections 1A, 1B, 3A and 63 of the Civil Procedure Act and Order 45 Rule 1 and Order 51 of the Civil Procedure Rules seeking review of the court's judgment: that it be set aside to allow new evidence, that irregularities on the face of the record be rectified, that the court declare the applicant the lawful owner of the suit land, and that the order requiring him to demolish illegal structures within 60 days at his own expense be reviewed. He argued the court had failed to note multiple title holders and that the plaintiff had produced no sale agreement, consent, transfer or stamp duty evidence. The respondent opposed, contending the application was res judicata an earlier review application dated 18/7/2024 dismissed on 28/5/2025, that filing a Notice of Appeal barred review, and that his certificate of lease was indefeasible under Sections 24, 25 and 26 of the Civil Procedure Act. The court framed a single dispositive issue: res judicata. Relying on Section 7 of the Civil Procedure Act and the Supreme Court's statement of elements in John Florence Maritime Services, and applying Henderson v Henderson, the court held the rule applies to applications as well as suits; the same parties had litigated the same subject in the earlier review, which was decided on the merits, and no justification existed for failing to raise the present issues then. The application dated 19/8/2025 was found res judicata and struck out with costs to the respondent.
Key legal issues
#01
Whether the second review application is res judicata
Holding
The application dated 19/8/2025 is res judicata the dismissed review application dated 18/7/2024 and was struck out
Reasoning
An earlier review application by the same parties seeking review of the same judgment was heard on the merits and dismissed on 28/5/2025. Under Section 7 of the Civil Procedure Act, matters that ought to have been raised in the earlier application cannot be raised afresh. The rule bars multiplicity of suits and ensures finality; the applicant seeks two bites at one cherry.
p. 3
Legal principles established
#- The doctrine of res judicata applies to applications as well as suits, and bars matters which ought to have been raised in a prior suit or application
- Elements of res judicata: a final judgment on merits by a competent court between identical parties, subject matter and cause of action
Court orders
#- 1.The application dated 19/8/2025 is struck out
- 2.Costs of the application to the respondent
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63 of the Civil Procedure Act; Order 45 Rule 1 and Order 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge v Mwagandi (Environment and Land Appeal E026 of 2025) [2025] KEELC 7836 (KLR)", Case Analysis (2025). Not stated (notice of motion dated 19/8/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7836/eng@2025-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.