Lesirat Nkuya Olowasa v Carey Francis Metropolitan School
The bottom line
#A Kajiado court refused to fast-track a landowner's eviction case against a school because the same land is already disputed in an earlier lawsuit.
What this practically means
#Executive summary
#Key legal issues
#Whether summary judgment was merited
Summary judgment refused; triable issues exist because the Plaintiff's ownership is disputed by a third party and the Defendant raised sub judice
An eviction order presupposes an undisputed right to exclusive possession. Here the Plaintiff's ownership is in dispute (albeit from a different party) and the Defendant raised sub judice. Applying Order 36 rules 1(b) and 2 and the settled principle that a defendant showing a bona fide triable issue must be allowed to defend, the court held the relief unmerited.
Whether the suit is sub judice under Section 6 of the Civil Procedure Act
Yes; the central issue in both suits is substantially the same - proprietary interest over parcel Kajiado/Kaputiei North/50557 - so proceedings are stayed pending ELC E056 of 2023
The court perused ELC E056 of 2023 and found its pleadings include parcel 50557, contrary to the Plaintiff's claim that it concerned parcel 23315. Applying the Supreme Court's four-part test in KNCHR v AG, the elements of res sub judice were satisfied and the later suit must await the earlier one to avoid conflicting decisions.
Legal principles established
#- Where two or more cases are filed between the same parties on the same subject matter before courts with jurisdiction, the later-filed matter ought to be stayed to await determination of the earlier suit
- A defendant who shows a bona fide triable issue must be allowed to defend without conditions
Court orders
#- 1.The Plaintiff's Notice of Motion dated 19th December 2025 seeking summary judgment is dismissed
- 2.The Defendant's Notice of Motion dated 3rd February 2026 is allowed and further proceedings in this suit are stayed pending the hearing and determination of Kajiado ELC Case No. E056 of 2023, or until further orders or variation by that Court
- 3.The file is to be placed before Justice MD Mwangi
- 4.Costs of these applications shall abide the outcome of the suit
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (implied; not expressly cited in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lesirat Nkuya Olowasa v Carey Francis Metropolitan School", Case Analysis (2026). ELC. LC NO. E155 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5858/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.