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ELCDismissedNot stated in judgment (Vihiga Environment and Land Court suit)· [2025] KEELC 4478 (KLR)
Isatsiro v Mary & 2 others (Environment and Land Case E003 of 2022) [2025] KEELC 4478 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Vihiga court dismissed a land transfer application because the same orders had already been granted by consent, showing courts block repeat applications.
What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Vihiga (E. Asati J) determined a Notice of Motion dated 24th March 2025 brought by the 1st Defendant under section 98 of the Civil Procedure Act and Order 22 Rule 29 of the Civil Procedure Rules 2010. The application sought orders compelling the Plaintiff to sign transfer documents and give effect to the judgment and decree of 21st September 2023, which had decreed transfer of 1 acre to the 1st Defendant, half an acre to the 2nd Defendant and 75 feet by 24 feet to the 3rd Defendant out of land parcel KAKAMEGA/ISHIRU/1XX9; alternatively, that the Deputy Registrar sign the documents, that the Land Registrar and County Land Surveyor subdivide the parcel, and for eviction of the Plaintiff from structures recently erected on the applicants' portions, with police enforcement. The application was supported by the affidavit of Janet Aketch Mary, was unopposed, and service was effected by email on 9th April 2025. Although unopposed, the court on its own perusal of the file found that the defendants had earlier filed an application dated 19th August 2024 seeking substantially similar orders (survey and beacon fixing in execution of the same decree, with OCS Cheptulu providing security and costs), which was allowed by consent on 16th October 2024. Since the present applicant was one of the applicants in that earlier application, the court held the present application res judicata, dismissed it and made no orders as to costs. The ruling was delivered virtually at Vihiga on 12th June 2025.
Key legal issues
#01
Whether the 1st Defendant's application dated 24th March 2025 seeking execution of the 21st September 2023 decree is res judicata
Holding
The application is res judicata and is dismissed
Reasoning
The court noted that the defendants had earlier filed an application dated 19/8/2024 seeking substantially similar orders (survey and beacon fixing in execution of the same decree, with police security and costs), which was allowed by consent on 16/10/2024. The present applicant was one of the applicants in that earlier application, so the same issues had already been determined between the same parties.
p. 2
Legal principles established
#- A party who was an applicant in a prior application seeking substantially the same orders that was allowed by consent cannot bring a fresh application on the same issues; the second application is res judicata
Court orders
#- 1.The present application being res judicata is hereby dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Section 98 of the Civil Procedure Act and Order 22 Rule 29 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isatsiro v Mary & 2 others (Environment and Land Case E003 of 2022) [2025] KEELC 4478 (KLR)", Case Analysis (2025). Not stated in judgment (Vihiga Environment and Land Court suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4478/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.