Background and introduction
1. Before this Court are two applications. The first is the Plaintiff’s application dated 10th November 2025, wherein the Plaintiff seeks injunctive relief together with an order compelling the Defendant to deposit security. The second is the Defendant’s application dated 27th November 2025, which prays for the striking out of the Plaintiff’s suit. It is manifest that the determination of the Defendant’s application bears direct consequence upon the Plaintiff’s application, and accordingly, the Court shall address the Defendant’s application in the first instance.
Analysis and Determination
2. The Defendant’s application is predicated upon the ground that the Plaintiff’s suit is res judicata. I have carefully considered the pleadings and annexures placed before me. The Plaintiff’s plaint dated 10th November 2025 seeks, inter alia, an order of vacant possession, general, special and aggravated damages, and a permanent injunction restraining eviction or interference with the Plaintiff’s continued occupation of the premises known as Uchumi Hyper, Langata Road, Nairobi.
3. I have perused the Plaintiff’s plaint dated 10th November 2025. In that plaint, the Plaintiff prays for substantive reliefs including an order of vacant possession of the premises, an award of general, special, and aggravated damages, and the issuance of a permanent injunction restraining the Defendant from evicting or in any manner interfering with the Plaintiff’s continued occupation of the premises known as Uchumi Hyper, situated along Langata Road, Nairobi.
4. From the pleadings annexed to the Defendant’s application in MCCC E5461/2023, MCCC E1983/2024, ELCA E217/2025, and Tribunal Case No. E530/2024, it is abundantly clear that the disputes herein emanate from the tenancy agreement and relationship between the parties, the fallout occasioned by the Plaintiff’s intended takeover of the premises, and other breaches arising during the subsistence of the tenancy. The multiplicity of suits, though clothed in varying language and reliefs, are in substance founded upon the same tenancy relationship and disputes incidental thereto.
5. Section 6 of the Civil Procedure Act was designed to forestall precisely such piecemeal litigation. Its purpose is to ensure that matters directly and substantially in issue between the same parties are adjudicated comprehensively in one suit, thereby avoiding the embarrassment of contradictory orders and the abuse of judicial process. The Plaintiff’s conduct in instituting parallel proceedings amounts to an abuse of the court process, and this Court cannot lend its hand to such stratagems.
Disposition
6. In the premises, I find merit in the Defendant’s application dated 27th November 2025. The Plaintiff’s suit is hereby struck out with costs to the Defendant. Consequently, the Plaintiff’s application dated 10th November 2025, being dependent upon the existence of the struck-out suit, must equally fail. That application is accordingly dismissed with costs to the Defendant.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 19th DAY OF MAY 2026.
F. MUGAMBI
JUDGE
1. Before this Court are two applications. The first is the Plaintiff’s application dated 10th November 2025, wherein the Plaintiff seeks injunctive relief together with an order compelling the Defendant to deposit security. The second is the Defendant’s application dated 27th November 2025, which prays for the striking out of the Plaintiff’s suit. It is manifest that the determination of the Defendant’s application bears direct consequence upon the Plaintiff’s application, and accordingly, the Court shall address the Defendant’s application in the first instance.
Analysis and Determination
2. The Defendant’s application is predicated upon the ground that the Plaintiff’s suit is res judicata. I have carefully considered the pleadings and annexures placed before me. The Plaintiff’s plaint dated 10th November 2025 seeks, inter alia, an order of vacant possession, general, special and aggravated damages, and a permanent injunction restraining eviction or interference with the Plaintiff’s continued occupation of the premises known as Uchumi Hyper, Langata Road, Nairobi.
3. I have perused the Plaintiff’s plaint dated 10th November 2025. In that plaint, the Plaintiff prays for substantive reliefs including an order of vacant possession of the premises, an award of general, special, and aggravated damages, and the issuance of a permanent injunction restraining the Defendant from evicting or in any manner interfering with the Plaintiff’s continued occupation of the premises known as Uchumi Hyper, situated along Langata Road, Nairobi.
4. From the pleadings annexed to the Defendant’s application in MCCC E5461/2023, MCCC E1983/2024, ELCA E217/2025, and Tribunal Case No. E530/2024, it is abundantly clear that the disputes herein emanate from the tenancy agreement and relationship between the parties, the fallout occasioned by the Plaintiff’s intended takeover of the premises, and other breaches arising during the subsistence of the tenancy. The multiplicity of suits, though clothed in varying language and reliefs, are in substance founded upon the same tenancy relationship and disputes incidental thereto.
5. Section 6 of the Civil Procedure Act was designed to forestall precisely such piecemeal litigation. Its purpose is to ensure that matters directly and substantially in issue between the same parties are adjudicated comprehensively in one suit, thereby avoiding the embarrassment of contradictory orders and the abuse of judicial process. The Plaintiff’s conduct in instituting parallel proceedings amounts to an abuse of the court process, and this Court cannot lend its hand to such stratagems.
Disposition
6. In the premises, I find merit in the Defendant’s application dated 27th November 2025. The Plaintiff’s suit is hereby struck out with costs to the Defendant. Consequently, the Plaintiff’s application dated 10th November 2025, being dependent upon the existence of the struck-out suit, must equally fail. That application is accordingly dismissed with costs to the Defendant.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 19th DAY OF MAY 2026.
F. MUGAMBI
JUDGE