Case law
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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.…