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CO-OPERATIVE BANK OF KENYA LIMITED
V.
COSMAS MROMBO MOKA & LEGACY AUCTIONEERING SERVICES

(2019) JELR 103141 (CA)

Court of Appeal 4 Apr 2019 Kenya
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Case Details

Suit Number:Civil Appeal 122 of 2018
Judges:Alnashir Ramazanali Magan Visram Martha Karambu Koome Wanjiru Karanja
Location:Mombasa
Other Citations:Co-operative Bank of Kenya Limited v. Cosmas Mrombo Moka & Legacy Auctioneering Services [2019] eKLR

JUDGMENT OF THE COURT

[1] The question that implores an answer in this appeal is whether, a matter dismissed for want of prosecution can give rise to application of the doctrine of res judicata if it is filed afresh in a new suit by the same parties. The background of the case that gave rise to this appeal is that Cosmas Mrombo (1st respondent) filed Malindi High Court Civil Suit No. 7 of 2018 (the latter suit) seeking an injunction to restrain an impending sale of land described as Kilifi/Mtwapa/3104 (the suit land). The sale was by the Cooperative Bank of Kenya Ltd (appellant) to realize the security regarding an outstanding loan facility advanced to the 1st respondent and secured by the suit land. Given the date of the intended sale was fast drawing near, the 1st respondent moved court under a certificate of urgency, vide a notice of motion dated 4th July, 2018 seeking temporary orders of injunction against the sale, pending the hearing and determination of the main suit.

[2] The 1st…

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