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…In determining so, I will consider whether the Application dated 12 th July 2022 was Res Judicata.…

…court in the case of Kenya Commercial Bank Limited v Muiri Coffee Estate Limited & Another, Motion No. 42 of 2014 [2016] eKLR (Muiri Coffee case) held as follows regarding the doctrine of res judicata: - "Res judicata is…

…judicata .…

…Here is what the Court of Appeal had to say: “The elements of res judicata have been held to be conjunctive rather than disjunctive.…

…The doctrine of “res judicata" is provided for under Section 7 of the Civil Procedure Act. The Act has also provided explanations with respect to the application of the res judicata rule.…

…While the principle of res-judicata bars a party from relitigating a matter that has already been determined by a competent court, the concept of privity in res judicata focuses on who is legally bound by the resolution of…

…The Black’s Law Dictionary, Tenth Edition defines res judicata as: 1. An issue that has been definitively settled by judicial decision. 2.…

…Later, in the case of William Koross vs Hezekiah Kiptoo Komen & 4 Others [2015] eKLR, the same Court stated the rationale of res judicata as follows: The philosophy behind the principle of res judicata is that there has to…

…The Black’s Law Dictionary, Tenth Edition defines res judicata as: 1. An issue that has been definitively settled by judicial decision. 2.…

…Later, in the case of William Koross vs Hezekiah Kiptoo Komen & 4 Others [2015] eKLR, the same Court stated the rationale of res judicata as follows: The philosophy behind the principle of res judicata is that there has to…

…Res judicata entails more than procedural technicality, and lies on the plane of the substantive legal contest”.…

…The Court of Appeal in Maina Kiai & 5 others case cited above underscored the importance of the doctrine of res judicata thus: “ The rule and doctrine of res judicata serves the salutary aim of bringing finality to litigation…

…It is trite that for res judicata to apply, the issue raised must have been directly and substantially determined in the earlier proceedings. 26. In John Florence Maritime Services Ltd vs.…

…I note that in the present case, the learned Adjudicator appears to have invoked the doctrine of res judicata without fully interrogating whether its legal elements had been satisfied.…

…THAT the doctrine of res judicata is set out in the Civil Procedure Act at Section 7 (as quoted). 3.…

…Olola, in his ruling dated 2nd February 2023, rendered this Petition res judicata and subsequently struck it out.…

…The Respondent opposes the application, contending that the matter is res judicata by virtue of Civil Appeal Nos. 13, 14, 15 and 16 of 2020 (Consolidated).…

…Analysis and Determination 1) Whether the appeal and the challenge to the surcharge are barred by res judicata 7.…

…The Respondent opposes them that they are res judicata. The first application is dated 13/12/23 which the 2nd is dated 26/4/2024. The court gave.…

…The Civil Procedure Act also provides explanations with respect to the application of the res judicata rule.…

…The Respondent opposes them that they are res judicata. The first application is dated 13/12/23 which the 2nd is dated 26/4/2024. The court gave.…

…The Civil Procedure Act also provides explanations with respect to the application of the res judicata rule.…

…The trial court had ruled, on 6th June 2023, that the matter was not res judicata.…

…that the suit was res judicata.…

…The respondent filed a notice of preliminary objection, a replying affidavit, and grounds of opposition, in which it reiterated its position that the matter was res judicata or res sub judice and that the appellant was a…

…I will consider whether the application is res judicata first.…

…Whether the Application dated 22nd February 2024 is Res Judicata The substantive law on res judicata is to be found in Section 7 of the Civil Procedure Act Cap 21 which provides as follows; “No Court shall try any suit or…

…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice.”…

…The current suit was thus res judicata, and they urged the court to uphold the objection raised.…

…This Appeal is centered on the question of Res Judicata, which is a purely an issue of law.…

…The doctrine of res judicata, in effect, allows a litigant only one bite at the cherry.…

…Res judicata entails more than procedural technicality, and lies on the plane of a substantive legal concept. 56.…

…Whether the Application dated 22nd February 2024 is Res Judicata The substantive law on res judicata is to be found in Section 7 of the Civil Procedure Act Cap 21 which provides as follows; “No Court shall try any suit or…

…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice.”…

…That by adding new faces and wearing a different hat, the Petitioners cannot escape the doctrine of res judicata.…

…The only issue for determination is whether the Applicants have demonstrated that the present suit is barred by the doctrine of res judicata . 12.…

…Whether the application dated 6th August 2024 was properly dismissed as res judicata and an abuse of process. Whether the appeal is competent and supported by a valid record of appeal.…

…On whether the doctrine of res judicata is applicable in this case, the Respondent argued that the application for revocation was res judicata, having been determined previously.…