JUDGMENT OF THE COURT
1. There is only one central issue for determination in this appeal, and that is whether Environment and Land Court (ELC) Case No. 233 of 2017 at Malindi between the appellants herein and the respondent, the Land Registrar, Mombasa and the Attorney General was res judicata by dint of an earlier determination by the ELC No. 39 of 2013 of the same dispute between the same parties and on the same subject matter, and also on account of this Court’s judgment in Civil Appeal No. 44 of 2014.
2. In a ruling delivered by Olola, J. on 14th March 2019 in ELC NO.233 of 2017, the learned judge upheld a Preliminary Objection that had been raised by the respondent to the effect that the said suit was res judicata and proceeded to strike it out with costs to the respondent.
3. Being aggrieved by that decision, the appellants preferred an appeal to this Court, urging us to set aside the impugned ruling and substitute therefor an order that the suit be heard and determined on merit.
4…