Nyoe & 36 others v Black Trap Products Limited (Enviromental and Land Originating Summons E005 of 2025) [2026] KEELC 168 (KLR)
The bottom line
#A Kenyan court struck out squatters' land claim as a repeat case, ruling that adding new parties cannot revive an already-decided dispute.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is res judicata given the prior Machakos ELC Case No. E087 of 2021 between the respondent and Mavoko Land Development Company
The suit is res judicata. The parties or persons claiming under the same title are the same (Explanation 6 to Section 7 deeming the applicants to claim under Development Co.), the subject matter is the identical property, and the claim (adverse possession) is the same.
The court examined the pleadings and judgment in the previous case, which the respondent won against Development Co. over the same parcel. In that case Development Co. pleaded that the occupants were 'its squatters' claiming adverse possession; the applicants here derive their claim from Development Co. and assert adverse possession over the same land. Under Explanation 6 of Section 7 of the Civil Procedure Act they are deemed to claim under those who litigated the same right, so their absence from the prior case cannot save the present suit.
Whether the applicants met the threshold for injunctive relief
Not determined; the finding of res judicata rendered this issue unnecessary.
Having found that the entire suit is res judicata and an abuse of court process, the court struck out the suit and did not proceed to evaluate whether the applicants satisfied the tests for an interlocutory injunction. The motion dated 18th February 2025 was therefore decided on the res judicata finding alone, with costs awarded to the respondent.
Legal principles established
#- Where persons claim in common through a party who litigated over the same public or private right, all persons interested in that right are deemed to claim under the litigating party for purposes of res judicata, so adding new parties cannot defeat the doctrine.
- A suit brought solely to circumvent enforcement of a judgment in a prior case constitutes an abuse of the judicial process.
Court orders
#- 1.The suit is struck out as res judicata and an abuse of court process.
- 2.The respondent is awarded costs of the notice of motion dated 18th February 2025 and of the entire suit.
- 3.The file is marked as closed.
- Jurisdiction invoked
- Articles 140 and 159(2) of the Constitution of Kenya, Sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) and Order 40 rules 1, 2, 3 and 4 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyoe & 36 others v Black Trap Products Limited (Enviromental and Land Originating Summons E005 of 2025) [2026] KEELC 168 (KLR)", Case Analysis (2026). Not stated in the judgment (Originating Summons, Machakos ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/168/eng@2026-01-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.