JUDGMENT OF THE COURT
The only issue that falls for our decision in this appeal is whether the High Court (Nyamweya, J) erred by striking out the appellant’s plaint filed before that court on account of being res judicata. The learned Judge had so ruled on an application by the respondent dated 25th April 2013 which was based on the following grounds;
1. THAT the suit herein is res judicata.
2. THAT the issues and parties in the present matter are directly and substantially in issue in former suits of Kikuyu Land Tribunal LND/16/20/26/2003, Dr James Njuguna Chui and Francis Mungai Muiruri v. John Njogu Kimani and Provincial Appeals Committee (Tribunal) Claim/Appeal No. 6 of 2004, Francis Mungai Muiruri v. John Njogu Kimani.
3. THAT the suit should be struck out as it is vexatious and an abuse of the process of the Court and a nullity ab initio.
4. THAT it is in the interest of justice and for the determination of all the issues, in the application herein, on merit the orders sought should …