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ELCDismissedELCLMISC E183 of 2025· [2026] KEELC 4433 (KLR)

Ringsview Apartment Ltd v Vishnu Builders Ltd & 2 others (Environment and Land Case Application E183 of 2025) [2026] KEELC 4433 (KLR)

Environment and Land Court
13 July 2026
2,259 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court threw out a property owner's bid for protection because the same request was already pending before the Court of Appeal, and made them pay the other side's costs.

What this practically means

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Executive summary

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The applicant, Ringsview Apartment Limited, filed a notice of motion dated 1st July 2025 in which it sought a temporary injunction pending appeal restraining the respondents, Vishnu Builders Company Limited and Vijay Morjaria, from attaching its property or interfering with its quiet possession of apartments the subject of the judgment in ELC 782 of 2014, together with an order directing the OCS Kileleshwa Police Station to facilitate enforcement. The applicant had lodged an appeal (COACA E366 of 2025) against that judgment and a stay application pending before the Court of Appeal (Civil application E271 of 2023) had not yielded interim orders. The respondents opposed, arguing that the application was a stay of execution disguised as an injunction, offended Section 34 of the Civil Procedure Act, was res judicata, sub judice, and barred by functus officio and inordinate delay. The court held that although the applicant had invoked the wrong provisions (Order 40 Rule 1), this was not fatal. On res judicata, none of the three prior applications had been heard and finally determined, so that doctrine failed. However, applying the Supreme Court's sub judice criteria, the court found the present application directly and substantially mirrored the pending Court of Appeal application E271 of 2023 between the same parties, contravening Section 6 of the Civil Procedure Act. The court dismissed the application as sub judice and awarded costs to the 1st and 2nd respondents.

Key legal issues

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01

Whether the application is res judicata

Holding

The doctrine of res judicata fails; the Court of Appeal application E271 of 2023 is pending, the stay application in COACA E366 of 2025 was withdrawn, and the alleged dismissal in ELC 782 of 2014 was not evidenced by any order.

Reasoning

The court applied the conjunctive elements in IEBC v Maina Kiai. The first prior application (Court of Appeal Civil application E271 of 2023) was still pending and thus not finally determined. The second (Civil Appeal 366 of 2025) was withdrawn, not determined on merit. The third, in the trial court ELC 782 of 2014, had no order annexed showing it was heard and dismissed as alleged by the respondents. Since not all elements were satisfied, res judicata failed.

p. 8
02

Whether the application is sub judice

Holding

The application is sub judice and contravenes Section 6 of the Civil Procedure Act because the matter in issue is directly and substantially in issue in the pending Nairobi Court of Appeal Civil application E271 of 2023 between the same parties.

Reasoning

Applying the Supreme Court's criteria in the Kenya National Commission on Human Rights case, the court found the applicant had filed a similar stay application in the Court of Appeal (E271 of 2023) which was certified urgent but never heard, prosecuted, determined or withdrawn. The facts and reliefs were wholly similar. Allowing parallel proceedings would expose parties to multiplicity of suits and the risk of conflicting orders.

p. 10
03

Whether the application is an abuse of the court process

Holding

Not separately determined; the court dismissed the application on the sub judice ground alone.

Reasoning

Although the court framed abuse of process as the third issue, the final disposition rested on sub judice. The respondent had argued the application was a stay of execution disguised as an injunction, filed in the wrong court contrary to Section 34 of the Civil Procedure Act, and made after inordinate delay, but the court did not rule on these grounds in its analysis.

p. 10

Legal principles established

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  • A court is barred from trying a matter that is pending before another court of competent jurisdiction between the same parties under the same title, to prevent conflicting orders
  • Failure to cite the correct provisions of law is not fatal and would not warrant dismissal, in the spirit of Article 159(2) of the Constitution and Sections 1A and 1B of the Civil Procedure Act
  • Where there is nothing on record showing a prior application was prosecuted, determined or withdrawn, the presumption is that it remains pending

Court orders

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  1. 1.The present application is dismissed for being sub judice to Nairobi Court of Appeal, Civil application E271 of 2023
  2. 2.Costs awarded to the 1st and 2nd Respondents
Jurisdiction invoked
Original/miscellaneous jurisdiction of the Environment and Land Court; applicant invoked Order 40 Rule 1 of the Civil Procedure Rules seeking injunction pending appeal

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ringsview Apartment Ltd v Vishnu Builders Ltd & 2 others (Environment and Land Case Application E183 of 2025) [2026] KEELC 4433 (KLR)", Case Analysis (2026). ELCLMISC E183 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4433/eng@2026-07-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.