JUDGMENT
Gachuhi JA. The facts of this appeal are stated in the judgment of Apaloo JA in which I had the advantage of reading in draft.
In law, any litigation has to come to an end. Once a decision has been reached by a competent Court, it cannot be re-opened to be started all over again unless the decision reached has been set aside. Any decision reached, if not set aside, it cannot only be challenged on appeal and cannot be challenged in any inferior court, tribunal or in the same court except in case of review. The law will not allow any dispute between the same parties or between those who claim through them to re-open the dispute while the judgment still remains on record.
As set out in the judgment of Apaloo JA the fourth respondent in this appeal filed a land suit against the appellant claiming the ownership of a plot of land comprising of 26 acres situated in the Gilgal West Settlement Scheme. The 4th respondent was supported by some of the appellant’s brothers. They all gave ev…