Mase & 2 others v Land Registrar Bomet & 2 others (Environment and Land Case 69 of 2018) [2026] KEELC 1568 (KLR)
The bottom line
#The Environment and Land Court in Kericho ruled that a land dispute was not barred by an earlier case, so the lawsuit will now go to full trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit is res judicata
The suit is not res judicata because neither the parties nor the issues are the same as in Kericho HC Case No. 59 of 2003.
The former suit concerned a trust claim over parcel 321 and an order for its subdivision, between Kiplangat Arap Sitienei and Kimase Arap Sambai. The present suit, brought by the Plaintiffs in their own capacity, challenges the legality of the Registrar's cancellation of titles 1072, 1073 and 1074. The parties are not the same nor are they legal representatives of the estates, and the issues differ, so Section 7 is not satisfied.
Whether the parties are litigating as legal representatives of the deceased fathers' estates
They are not; the Plaintiffs sued in their own capacity and the 3rd Defendant was sued individually, so they do not claim under the same title as the former parties.
The 1st and 2nd Defendants submitted that the parties represent the estates of their deceased fathers who previously litigated. The court rejected this as a misrepresentation, holding that a perusal of the Amended Plaint shows the Plaintiffs instituted proceedings in their own capacity and the 3rd Defendant was sued in his individual capacity. This defeats the 'same parties or parties claiming under them' element of res judicata.
Whether the suit is an abuse of process
The abuse-of-process allegation failed as there was no pending application by the Plaintiffs on the record to which it could attach.
Prayer (b) alleged re-litigation of matters conclusively determined. The court examined the record and found no pending application by the Plaintiffs, making it impossible to identify the matters allegedly re-litigated. Without a pending application the prayer had no factual foundation and could not succeed.
Legal principles established
#- Res judicata under Section 7 of the Civil Procedure Act requires identity of the matters in issue, of the parties (or parties claiming under them under the same title), and final determination by a competent court; absent identity of parties and issues, the plea fails.
Court orders
#- 1.The Notice of Motion application dated 16th May, 2025 is dismissed
- 2.Costs of the application awarded to the Plaintiffs/Respondents
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land parcels Kericho/Kipsonoi S.S/321 and resultant titles; application brought under Sections 1A, 1B & 3A of the Civil Procedure Act and Order 2 Rule 15(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mase & 2 others v Land Registrar Bomet & 2 others (Environment and Land Case 69 of 2018) [2026] KEELC 1568 (KLR)", Case Analysis (2026). Kericho ELC (from record; suit over LR No. Kericho/Kipsonoi S.S/321). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1568/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.