Iguru v Kajiado & another (Environment and Land Case E082 of 2024) [2026] KEELC 2292 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the suit is barred by res judicata under Section 7 of the Civil Procedure Act
Yes - the suit is res judicata and an abuse of the court process
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.
Whether the Plaint discloses a cause of action against the 2nd Defendant
Not determined - moot in light of the finding on res judicata
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.
Legal principles established
#- 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
#- 1.The Application dated 1st April 2025 is allowed
- 2.The suit is struck out with costs for being res judicata
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court (Application under the Civil Procedure Act; res judicata under Section 7)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.