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…On this account the suit is said to be not only res judicata but also an abuse of the process of the court. 3.…

…judicata having been raised and dismissed by the ruling of 18 December 2024, the court cannot once more be invited to strike out the suit on account of res judicata. 9.…

…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.…

…Is the application, therefore, res judicata? 18.…

…Muiri Coffee Estate Limited & another Motion No. 42 of 2014 [2016] eKLR (Muiri Coffee case) held as follows regarding the doctrine of res judicata: “[52] Res judicata is a doctrine of substantive law, its essence being that…

…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.…

…I must establish if res judicata can be raised in respect of applications. Does the doctrine of res judicata apply to applications?…

…The 4th co-executor/applicant’s counsel submitted that res judicata is inapplicable in this case.…

…I must establish if res judicata can be raised in respect of applications. Does the doctrine of res judicata apply to applications?…

…Just as with res judicata, subjudice, in my view, applies to applications as it does to suits.…

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

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

…It relies on the elements of res judicata and on constructive res judicata as discussed in Satya Bhama Gandhi v Director of Public Prosecutions & 3 others [2018] KEHC 6100 (KLR); on the passage in John Florence Maritime Services…

…The Bank's application is premised on the last limb, and on the related contentions of want of locus standi and res judicata. 16.…

…The 1st respondent averred that this suit is res judicata, in that it was the subject of Nairobi Milimani High Court Commercial Case No. E341 of 2023 (hereinafter, “the Nairobi case”) .…

…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice.” [16] Accordingly, I agree entirely with the position taken by Hon.…

…That the doctrine of res judicata is not novel as several courts have pronounced themselves and it is well settled in its application.…

…To decide whether a case is res judicata, the court is required to look at the pleadings and decisions of the previous case in comparison to the instant case.…

…The test applied by the Courts in determining whether a matter is res judicata is well settled.…

…The rationale for res judicata was discussed by the Court of Appeal in the Independent Electrol and Boundaries Commission versus Maina Kiai & Others [2017]eKLR where it was stated that:- “The rule of or doctrine of res judicata…

…It was urged that the proper test when determining whether a matter is res judicata is:- 1. The matter in issue was identical in both suits; 2. The parties in the suit are the same; 3.…

…Res judicata ensures that the economic use of Court’s limited resource and timely termination of cases. Courts are already clogged and overwhelmed.…

…They submitted that the application was declined on the ground that it was Res-judicata and thus it was unnecessary to consider whether setting aside the judgment was justified.…

…On Res-judicata, counsel submitted that the law is settled that it goes to the Jurisdiction of the court and thus the court must down its tools upon a finding of Res-judicata. also, that the principle of re4sjudicata also…

…It was also the contention of the respondents that the issue of public participation is res judicata, having been finally decided in Susan Wambui Kaguru & 7 others v Attorney General & another [2013] eKLR. [33] Res judicata…

…whether or not a suit or issue is res judicata, the parameters to scrutinize are: [a] Whether the subject matter is identical in both suits.…

…The question then is whether the matter in the court below was res judicata.…

…What amounts to res judicata was discussed in the case of Kenya Commercial Bank Ltd & another v Muiri Coffee Estate Ltd & 3 others [2016] KESC 6 (KLR).…

…In that ruling, the learned judge addressed the question of res judicata and noted as follows: “(6) The respondents opposed the application.…

…That is to say, there must be an end to applications of a similar nature; that is to say further, wider principles of res judicata apply to applications within the suit.…

…The foundations of res judicata thus rest in the public interest for swift, sure and certain justice.” 40.…

…It is now settled law that the doctrine of res judicata applies to applications.…

…[b] The question of the constitutionality of Sections 55 and 56 of the Anti-Corruption and Economic Crimes Act, 2003 raised in the application and the Petition is res judicata as the same was directly and substantially in…

…judicata.…

…They submitted that the application was declined on the ground that it was Res-judicata and thus it was unnecessary to consider whether setting aside the judgment was justified. 5.…

…On Res-judicata, counsel submitted that the law is settled that it goes to the Jurisdiction of the court and thus the court must down its tools upon a finding of Res-judicata. also, that the principle of re4sjudicata also…