JUDGMENT OF THE COURT
The main issue for our determination in this appeal is whether the finding by High Court (Hatari Waweru, J.) that the suit filed by the appellant was res judicata and, therefore, an abuse of court process, was proper. That decision was made 12 years ago on 19th May, 2006, but for some reason this appeal was filed four years later in January 2010 and was first fixed for hearing five years later when it was adjourned due to indisposition of the appellant's counsel. Another three years went by before the matter was heard in September 2018. It is certainly one of the unfortunate matters that has clogged the court system, but happily it can now be disposed of.
The suit that was struck out was filed by four persons, but three of them died thereafter and there is no indication that their estates were interested in the matter anymore. That is how the appellant's learned counsel Mr. Francis Mulwa explained the appeal which is filed by the appellant solely.
The suit relates t…