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…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.…

…The Petitioners seek to escape the operation of res judicata by re-characterising their claim as one grounded in constitutional rights — specifically, violations of Articles 40, 47, and 50 of the Constitution.…

…The test for res judicata is not whether the legal cause of action is identically framed, but whether the matter "directly and substantially in issue" is the same.…

…Whether the Petition is barred by the doctrines of res judicata and functus officio. 3.   Whether the Petitioner has established any violation of constitutional rights warranting the reliefs sought. 4.   …

…Section 7 of the Civil Procedure Act codifies the doctrine of res judicata.…

…Whether the suit is res judicata Regarding the legal framework of res judicata doctrine, it is found in our Section 7 of the Civil Procedure Act, in the following terms: - “No Court shall try any suit or issue in which the…

…Nevertheless, the judgment and defence in the former suit are considered sufficient to determine whether the current petition is res judicata.…

…The rule of res-judicata is based on two principles; there must be an end to litigation and the party should not be vexed twice over the same cause. 52.…

…The general principle of res-judicata is captured in section 7 of the Civil Procedure Act, which provides that: - 7.…

…The Defendant’s submission is that the suit herein is res judicata to Machakos ELC Suit No. 155 of 2016 (East African Portland Cement Co. Ltd vs. Sammy Mwangangi & 272 Others).…

…Res-judicata ensures the economic use of court’s limited resources and timely termination of cases. Courts are already clogged and overwhelmed.…

…That the said decision rendered some aspects of the Petitioners/Applicants’ petition herein res judicata. 4.…

…She averred that the present application and the further amended petition are res judicata as it is seeking similar reliefs as per the MAKUENI ELC PETITION No. 9 of 2019.…

…The Respondents state that the instant suit is therefore res judicata and an abuse of the court process as the court has already pronounced itself on the same.…

…judicata in John Florence Maritime Services Limited & Another vs Cabinet Secretary for Transport and Infrastructure & 3 Others [2015] eKLR pronounced itself as follows: “The rationale behind res-judicata is based on the…

…The 4th Respondent equally states that the suit is both res Sub judice and res Judicata.  …

…(i)   Whether the Petition is Sub Judice and/or Res Judicata 15.   …

…The applicant stated that this suit is res judicata as there have been eight other cases regarding the suit property between the applicant and the petitioners which have been decided against the petitioners.…

…Although parties herein extensively argued on whether or not this suit is res judicata, it is my view that that question is a question for another day.…

…The suit is Res Judicata having been heard and determined by competent quasi-judicial institutions.…

…Consequently therefore, the determination pronounced on the 30.03.2004 by the 2nd Respondent on behalf of the 1st Respondent contained in the Appeal No. 139 of 1998 was final and the present Petition was res-judicata.…

…As for the cross-petition by the 22nd respondent, the petitioners aver that this petition is not res judicata as claimed by the 22nd respondent. 17.…

…By virtue of Section 7 of the civil Procedure Act, the Petitioner herein is barred by the doctrine of res judicata. 21.…

…Whether the doctrine of res judicata bars the Amended Petition. iii.…

…Issue (ii) - Whether the Amended Petition is barred by the doctrine of res judicata 82. The doctrine of res judicata is based on Section 7 of the Civil Procedure Act and clearly relates to a court''s jurisdiction.…

…The 4th Respondent further submitted that the Petition is barred by the doctrine of res judicata and constitutes an abuse of the court process.…

…Whether the Petition is procedurally barred (res judicata, limitation, and abuse of process). c. Whether the Petitioner has proved any legal basis for impeaching the 4th Respondent's title. d.…

…That this suit is res judicata in view of the petitioners’ admission of the existence of Nairobi HCCC No. 1146 of 1997 and Kerugoya ELC No. 94 of 2017, between the same parties and subject matter. 3.…

…After noting that Githinji J had the parties present and delivered a ruling, in absence of the applicant who gave no reason for non-appearance, it is strange for this court to accept that the issue was in fact not res judicata…

…Declaration that subsequent proceedings after Land Case No. 10 of 1979 were all res judicata, as the judgement in that case affected the heirs, legal representatives and assigns including the petitioner and 3rd respondent…

…Both objection No. 20 of 1997 and No. 20 were over parcel 221 and that he succeeded in the latter, as it was res judicata the court decision, but lost in the former, which he claimed the Land Adjudication office should not…

…In other words, this matter could not be reinstated, as it had now become res-judicata following the judgement that was issued in ELC E006 OF 2021.…

…This was after the Respondents successfully prosecuted over a preliminary objection challenging the instant petition for being res judicata.…

…According to the Petitioner, the exercise by the Respondents is res judicata.…

…The court is informed that the issues raised by the 1st Respondent in the affidavit in response to the petition are all res judicata having been previously finalised by the court.…