Case law
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Division and case type: CivilCivil Case
…judicata.…
…As the principles and the law on res judicata are laboriously set out in that judgment which I have once more studied for the purposes of this ruling, today, I beg leave to respect brevity and speak with a lot of economy…
Division and case type: CivilCivil Appeal
…A question of res-judicata was raised by Mr Mukelle, Mr Khaminwa stated that this case is not covered by the doctrine of res-judicata since the parties to this suit were not the same parties in the suit before the African…
…On the principle of res judicata the issue of ownership in a subsequent suit as in the instant case could not be raised. 22.…
Division and case type: CivilCivil Case
…The question that now arises for consideration by the court and which constitutes the preliminary point raised by the counsel for the 2nd defendant is whether the present suit is res judicata.…
…In my ruling I am unable to agree that the suit is res-judicata as the prayers in my view are different although the subject matter is the same but the parties are more than in the original two suits.…
Division and case type: CivilCivil Appeal
…order of (a) stay of proceedings of the summons; (b) for an order striking out of the originating summons on the grounds that it does not disclose a reasonable cause of action, and; (c) that the suit and the application are res…
…judicata.…
Division and case type: CivilCase number Civil Application
…Mr Ngwiri has, however, pointed out that the subject matter of the appeal ought to be res judicata. The respondent did not appeal at an earlier stage. She has had a good deal of attitude from the courts.…
Division and case type: CivilCivil Suit
…The Applicant has been told severally that the subsequent applications that he has filed before this court cannot be allowed before the issues he is raising, in whatever form or disguise, are res judicata.…
Division and case type: CivilCivil Case
…In my view the Plaintiff is trying to avoid the effect of the doctrine of Res Judicata.…
…Accordingly I rule that not only has the Plaintiff failed to prove her case to my satisfaction on the grounds on which she relied but also she brought this case when the matter was res judicata.…
Division and case type: CivilCivil Appeal
…On 7th July, 1982, the originating summons was struck off as being res judicata.…
Division and case type: CivilCivil Appeal
…When it is fixed for hearing it would be desirable to have the full background to this case for court to decide whether to hear the appeal on technical points or res judicata and prescription or whether to refer it to a full…
Division and case type: CivilCivil Case
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…
Division and case type: CivilCivil Case
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…
Division and case type: CivilCivil Case
…The matter is res judicata having been adjudicated upon (see section 7 of the Civil Procedure Act). I decline to reconsider the matter. Having come to the foregoing conclusion, prayer (8) does not arise.…
Division and case type: CivilCivil Appeal
…judicata.…
…judicata and example 4 but I do not think I need adjudicate on these matters since after considering all the circumstances of the case put before me I think and find that even if the Plaintiff were to be successful against…
Division and case type: CivilCivil Appeal
…Otiende Amollo, which advise I verily to be true that the entire application is misconceived and bad in law for the reasons that: i) The Application is res judicata as the matters raised by the Applicant are substantively…