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…First and foremost, lets us bring forth the doctrine of res judicata borrowed more heavily from section 7 of the CPA. The plea of res judicata is both a mixed question of fact and law.…

…Deorajin Debi [1960] 3 SCR 590, succinctly noted that the principle of res judicata is essential in giving finality to judicial decisions, observing as under: “The principle of res judicata is based on the need of giving…

…E397 of 2022, contending that the suit was barred by the doctrine of res judicata. 3.…

…by the doctrine of res judicata.…

…The matter is an affront to the doctrine of res judicata .…

…judicata, it is clear to me that the issues being canvassed in the application dated 11 th  January 2021 is res judicata.…

…Whereas the Client has stated that this suit is res judicata HCACEC Misc.…

…The best way to raise a ground of res judicata is by way of notice of motion where pleadings are annexed to enable the court to determine whether the current suit is res judicata.…

…The main issue for determination is whether the instant suit ought to be dismissed for offending the principle of res judicata. 9.…

…What is in dispute is whether or not the doctrine of res judicata is applicable where the previous suit was summarily dismissed for want of prosecution. 12.…

…Whereas the Client has stated that this suit is res judicata HCACEC Misc.…

…The best way to raise a ground of res judicata is by way of notice of motion where pleadings are annexed to enable the court to determine whether the current suit is res judicata.…

…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…

…Halsbury’s Laws of England, Volume 12A, 5 th Edition, 2015 in discussing the doctrine of Resjudicata provides as follows: (2) Res judicata The Doctrine of Res judicata 1603.…

…Basis for doctrine of res judicata The doctrine of res judicata provides that, where a decision is pronounced by a judicial or other tribunal with jurisdiction over a particular matter, that same matter cannot reopened by…

…And so, the instant application is a replica of issues raised in the former application hence same is Res-judicata.…

…judicata”.54.The doctrine of res judicata, in effect, allows a litigant only one bite at the cherry.…

…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…

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

…(emphasis added) [15] It is my finding therefore that instant suit is res judicata and that the doctrine of res judicata is applicable to succession matters.…

…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…

…The Supreme Court in Kenya Commercial Bank Limited v Muiri Cofee Estate Limited & another [2016] eKLR stated the following regarding res judicata: - “(52) Res judicata is a doctrine of substantive law, its essence being that…

…Res Judicata serves as a key factor in restricting the jurisdiction of a court.…

…Mugambi on 19th June, 2023 as the Court acknowledged that it was barred by the doctrine of res judicata.…

…The Court of Appeal expounded on the doctrine of the res judicata in the case of The Independent Electoral and Boundaries Commission v Maina Kiai & 5 others, [2017] eKLR, where it held that:- “For the bar of res judicata…

…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 this honourable Court lacks jurisdiction to hear and determine the suit, it is res judicata. iii.…

…Whether this suit is Res Judicata ii. Who should bear the costs of the suit 5.…