JUDGMENT
This is an interlocutory appeal arising from the Ruling of L. M. Waithaka, J. dated 26th May 2016 in Nyeri E.L.C No. 423 of 2014.
The background to the appeal albeit in summary is that Joseph Maina Kamau, the respondent herein filed a Notice of Motion dated 13th July, 2015 seeking to strike off the appellants’ suit on the grounds that it was res judicata.
He also prayed for costs in the cause.
The appellants opposed the respondent’s application as appears from the replying affidavit of the 5th Appellant, Mwangi Gathaiyu, sworn on 9th September 2015. According to him, the suit was not res judicata as claimed by the respondent in view of the fact that “… there has never been any suit with the similar subject matter filed before any court of competent jurisdiction.” He stated that “whereas some of the [appellants] were defendants in HCCC No. 252 of 1983, the subject matter of [that] case was totally different from the current suit.” He therefore urged the court to dismiss the respon…