REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CIVIL APPEAL NO. 160 OF 1997 BETWEEN
GREENFIELD INVESTMENTS LIMITED...........................APPELLANT
AND
BABER ALIBHAI MAWJI.....................................RESPONDENT
(Being an appeal from the Ruling of the High Court of
Kenya at Nairobi (Pall, J.A.) dated 12th March, 1997
in H.C.C.C. NO. 3655 OF 1995 (O.S.))
JUDGMENT OF GICHERU, J.A.
Section 7 of the Civil Procedure Act, Chapter 21 of the Laws of Kenya is in the following terms:
"No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court."
Dealing with the aspect of res ju dicata wherein it becomes an abuse of th…