Ngamia Consulting Co. (K) Limited v Lorogoi & 3 others (Environment and Land Case E063 of 2025) [2026] KEELC 2950 (KLR)
The bottom line
#The Environment and Land Court struck out a Lodwar land suit because it re-fought a case already decided, and punished the plaintiff for hiding the earlier case from the court.
What this practically means
#Executive summary
#Key legal issues
#Res judicata
The suit is res judicata: the parties, title, reliefs and issues are in pari materia with those in Kitale ELC No. 176 of 2016, which was determined on the merits on 25/3/2025
The court traced the doctrine through John Florence Maritime, KCB v Muiri Coffee Estates, IEBC v Maina Kiai and recent Court of Appeal decisions. The former suit went through full trial, evidence and submissions, with findings that the plaintiff was incorporated after the alleged allotment, rendering it null and void. The plaintiff's contention that the former suit turned only on locus standi was rejected. The plaintiff, having appealed and failed to obtain extension, sought a second bite of the cherry.
Abuse of process / material non-disclosure
The plaintiff concealed the existence of the prior judgment and the failed appellate attempts in the amended plaint and the notice of motion, making the suit an abuse of court process
The pleadings were silent on Kitale ELC No. 176 of 2016 despite the plaintiff having been the 2nd plaintiff there and the deponent having testified as PW1. The amended plaint stated there was no other pending suit while omitting the concluded one. Following Bahadurali Ebrahim Shamji and Margaret Wangui Karugu, the court held a party must make the fullest disclosure of all material facts, and orders obtained by concealment will be set aside.
Temporary injunction
The plaintiff failed to establish a prima facie case, irreparable damage or balance of convenience
Restating Giella v Cassman Brown, Mrao v First American Bank and Nguruman v Jan Bonde Nielsen, the court held the inquiry is not a mini-trial. Given the subsisting decree in the former suit and the plaintiff's non-disclosure, no prima facie case with probability of success was shown. The application dated 26/1/2026, in which the injunction and joinder were sought, was therefore not granted, the suit itself having been struck out.
Legal principles established
#- Section 7 of the Civil Procedure Act absolutely prohibits a court from entertaining a suit raising issues already heard and finally determined by a competent court between the same parties or those claiming under them
- Res judicata extends to issues which by reasonable diligence the parties ought to have raised in the first suit; litigants must bring their entire claim at once, not in instalments
- Re-litigation of substantially similar parties, subject matter and issues constitutes an abuse of the court process
- Material non-disclosure to obtain an unfair advantage in seeking an equitable injunction disentitles the applicant from that relief
Court orders
#- 1.The application dated 6/3/2026 by the 1st defendant seeking striking out of the suit on account of res judicata is allowed
- 2.The suit brought by amended plaint dated 26/1/2026 is struck out with costs
- 3.File closed
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2) of the Constitution (not expressly quoted; court exercised first-instance jurisdiction over land dispute at Kitale)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngamia Consulting Co. (K) Limited v Lorogoi & 3 others (Environment and Land Case E063 of 2025) [2026] KEELC 2950 (KLR)", Case Analysis (2026). Not stated in the judgment (Kitale ELC suit; prior suit Kitale ELC No. 176 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2950/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.