Automated Summary
Key Facts
The court dismissed the Defendants' application for eviction and security assistance, ruling it res judicata. The application sought to evict John Chesire Chebiego from land parcel L.R. No. Irong/Kessup/65 and secure police aid for enforcement. The opposition argued the 2003 judgment was unenforceable due to expired statute of limitations and the plaintiff's death in 2014. The court found the matter previously determined in 2007 by Hon. Justice Kaburu Bauni, who allowed eviction under inherent powers. Key legal issues included res judicata elements (same parties, subject matter, and cause of action) and costs allocation, with the court directing both parties to bear their own costs.
Deceased Name
Joseph Kipyator Chelimo
Issues
- Who shall bear the costs of the application
- Whether the instant application offends the doctrine of res judicata
- Whether the applicants are entitled to the grant of the orders sought in the application
Holdings
- The court directed that each party shall bear their own costs of the application, as the 2nd respondent failed to establish a nexus warranting cost allocation.
- The court found that the Notice of Motion Application dated 19th July, 2013 offends the doctrine of res judicata and is hereby dismissed with no orders as to costs.
Remedies
- The court ruled that each party should bear their own costs, as the 2nd respondent failed to establish a valid claim for cost award.
- The court dismissed the application as it was found to be res judicata, having already been addressed in a prior ruling. The application sought eviction and police assistance but was deemed a re-litigation of a previously decided issue.
Probate Status
Letters of Administration granted for the estate of Joseph Kipyator Chelimo
Legal Principles
The court applied the doctrine of res judicata to dismiss the application, finding that the issues were previously heard and finally decided in a prior case. The judgment dated 13.11.2007 by Hon. Justice Kaburu Bauni was confirmed as a final decision on merit, and the current application sought to relitigate the same issues between identical parties and subject matter.
Succession Regime
Succession proceedings for estates of plaintiff and defendant
Precedent Name
- Communications Commission of Kenya v Royal Media Services Limited
- John Florence Maritime Services Limited v Cabinet Secretary for Transport and Infrastructure
Executor Name
- Sylvester Chelimo
- Ambrose Kiptoo Chelimo
- Flora Chelimo
- Fred Chelimo
Cited Statute
Civil Procedure Act
Executor Appointment
Suing as the legal representative of the estate of Joseph Kipyator Chelimo - Deceased
Judge Name
Hon. C.K. Yano
Passage Text
- In view of the foregoing, it is the finding of this court that the Notice of Motion Application dated 19th July, 2013 is not merited on account of being res judicata and is hereby dismissed with no orders as to costs.
- No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and has been heard and finally decided by such court.
- The court found the respondent has no claim over the land yet he continues occupying it. It will not make sense to ask the applicant to file a fresh suit to seek his eviction. Section 3A of the Civil Procedure Act gives this court inherent powers to make orders that are necessary to meet the ends of justice. This is a fit case to issue the orders sought.
Beneficiary Classes
Other