Search court decisions

…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.…

…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…

…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.…

…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.…

…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.…

…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.…

…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.…