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ELCStruck OutNot stated in the judgment (Application dated 1st April 2025 in the suit before the Environment and Land Court at Kajiado)· [2026] KEELC 2292 (KLR)

Iguru v Kajiado & another (Environment and Land Case E082 of 2024) [2026] KEELC 2292 (KLR)

Environment and Land Court
23 April 2026
1,236 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kajiado struck out a land dispute suit because the same plaintiff had already lost an identical case.

What this practically means

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Executive summary

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The 2nd Defendant, an advocate, applied by an application dated 1st April 2025 for dismissal of the plaintiff's suit on the ground that it was res judicata, Kajiado Magistrate's Civil Case No. 209 of 2018 having been dismissed on 8th March 2023, and on the ground that no cause of action lay against him since the restriction on LR No. Kajiado/Kaputiei North/1790 was placed under Section 76 of the Land Registration Act in his professional capacity without malice. The plaintiff opposed, contending that the earlier suit was filed without his instructions by Lemayia S. Mbugua, Advocate, that the signatures on its affidavits were not his, and that a dismissal for want of prosecution is not a determination on the merits and cannot ground res judicata. In written submissions, the applicant relied on Section 7 of the Civil Procedure Act and authorities including Njue Ngai v Ephantus Njiru Ngai; the plaintiff relied on Order 12 Rule 6 of the Civil Procedure Rules permitting a fresh suit. Framing two issues - res judicata and proper joinder of the 2nd Defendant - the Court found the parties, subject matter and prayers in the two suits identical, rejected the plaintiff's denial of instruction and signature as unpersuasive, and held that filing a fresh suit on identical facts circumvented the earlier dismissal and abused the court process. The second issue was rendered moot. The application was allowed and the suit struck out with costs on 23rd April 2026.

Key legal issues

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01

Whether the suit is barred by res judicata under Section 7 of the Civil Procedure Act

Holding

Yes - the suit is res judicata and an abuse of the court process

Reasoning

The former suit, Kajiado Magistrates Court ELC Case No. 209 of 2018, was between the same plaintiff and the 1st defendant, concerned the same restriction on LR No. Kajiado/Kaputiei North/1790, and sought the same prayers. It was dismissed for want of prosecution by a competent court. The plaintiff's claim that he never instructed the advocate was rejected: the advocate had acted for him in the purchase of the suit property, and a mere denial of signature is insufficient to impeach prior proceedings at a preliminary stage. Challenging the advocate's authority should have been done directly, not by filing a fresh suit.

p. 3
02

Whether the Plaint discloses a cause of action against the 2nd Defendant

Holding

Not determined - moot in light of the finding on res judicata

Reasoning

Having found the suit barred as res judicata, the Court declined to examine whether the 2nd Defendant, an advocate who placed the restriction, disclosed a cause of action, since that would require delving into the merits of a suit improperly before the Court.

p. 3

Legal principles established

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  • A plaintiff cannot disown proceedings instituted by an advocate who admittedly acted for him in the same transaction without cogent evidence
  • Filing a fresh suit on identical facts to circumvent an earlier dismissal constitutes an abuse of the court process

Court orders

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  1. 1.The Application dated 1st April 2025 is allowed
  2. 2.The suit is struck out with costs for being res judicata

Authorities

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Legislation

  • Civil Procedure ActSection 7
  • Land Registration ActSection 76
  • Civil Procedure RulesOrder 12; Order 12 Rule 6

Cases cited (5)

  • Njue Ngai v Ephantus Njiru Ngai & another
    [2016] eKLR
  • Cooperative Bank of Kenya vs Cosmas Mrombo Moka and another
    (2019) eKLR
  • Champion Motor Spares Limited vs Phadke & others
    (1969) E.A. 42
  • Moses Kipkolum Kogo vs Nyamogo & Nyamogo Advocates
    [2004] eKLR
  • Independent Electoral and Boundaries Commission v Kiai & 5 others
    [2017] KECA 477 (KLR)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court (Application under the Civil Procedure Act; res judicata under Section 7)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Iguru v Kajiado & another (Environment and Land Case E082 of 2024) [2026] KEELC 2292 (KLR)", Case Analysis (2026). Not stated in the judgment (Application dated 1st April 2025 in the suit before the Environment and Land Court at Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2292/eng@2026-04-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.