Anne Chepsiror & 4 others v National Land Commission & 4 others [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
S. M. Kibunja
Judgment Date
October 14, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Anne Chepsiror & 4 others v National Land Commission & 4 others [2020] eKLR, highlighting key legal arguments and outcomes in land law disputes.

Case Brief: Anne Chepsiror & 4 others v National Land Commission & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Anne Chepsiror & Others v. The National Land Commission & Others
- Case Number: E & L Petition No. 2 of 2020
- Court: Environment and Land Court of Kenya at Eldoret
- Date Delivered: October 14, 2020
- Category of Law: Civil
- Judge(s): S. M. Kibunja
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether the issues raised in the Petitioners’ Petition and Notice of Motion are res judicata.
- Whether the Intended Petitioners are necessary parties to be enjoined in the Petition for the issues to be effectually determined with finality.
- Who should bear the costs of the preliminary objection and Notice of Motion.

3. Facts of the Case:
The case involves several petitioners, including Anne Chepsiror, Custom Credit Management Ltd, Hosea Kibet Ruto, and two intended petitioners, Samack General Supplies Ltd and Ultra Eureka Farm Ltd, who are contesting actions taken by the National Land Commission and other respondents regarding land parcels in Eldoret Municipality. The petitioners claim they are the registered proprietors of certain parcels of land that were subdivisions of a larger parcel, Eldoret Municipality Block 8/53. They allege that the respondents have attempted to repossess these parcels in violation of their rights.

4. Procedural History:
The case began with a Notice of Preliminary Objection filed by Kenya Industrial Estates Limited, the 4th Respondent, raising three grounds: lack of jurisdiction, res judicata, and abuse of court process. The intended petitioners subsequently filed a Notice of Motion seeking to be enjoined in the petition and for various orders, including a stay of proceedings. The court directed the parties to exchange written submissions, which were not fully complied with, leading to a ruling date being fixed for both the preliminary objection and the Motion.

5. Analysis:
- Rules: The court considered Section 7 of the Civil Procedure Act, which governs the doctrine of res judicata, stating that no court shall try any suit or issue that has already been determined by a competent court involving the same parties or their representatives.
- Case Law: The court referenced previous cases, including E. T. Vs Attorney General and Another (2012) eKLR and John Florence Maritime Services Ltd & Another Vs Cabinet Secretary for Transport and Infrastructure & 3 Others [2015] eKLR, which elucidate the principles of res judicata and its application in barring repetitive litigation.
- Application: The court found that the issues in the current petition had already been determined in Eldoret ELC No. 71 of 2013, where the same parties were involved. The petitioners had not effectively challenged the preliminary objection or the res judicata claim, leading the court to conclude that it lacked jurisdiction to entertain the matter further.

6. Conclusion:
The court ruled in favor of the 4th Respondent, striking out the Petitioners' Petition and Notice of Motion for being res judicata and in violation of Section 7 of the Civil Procedure Act. This decision underscores the importance of finality in litigation and the principle that parties cannot relitigate matters that have already been conclusively resolved.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The court's decision to strike out the Petitioners' claims reflects a strict adherence to the doctrine of res judicata, emphasizing the need to avoid endless litigation over the same issues. This case serves as a significant precedent in the Kenyan legal landscape regarding land disputes and the application of procedural laws to ensure judicial efficiency and finality.

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