<p class="ql-align-center">REPUBLIC OF KENYA</p><p class="ql-align-center"> IN THE COURT OF APPEAL</p><p class="ql-align-center"> AT NAIROBI</p><p>CIVIL APPEAL NO. 160 OF 1997 BETWEEN</p><p> GREENFIELD INVESTMENTS LIMITED...........................APPELLANT</p><p> AND</p><p> BABER ALIBHAI MAWJI.....................................RESPONDENT</p><p class="ql-align-center">(Being an appeal from the Ruling of the High Court of</p><p class="ql-align-center"> Kenya at Nairobi (Pall, J.A.) dated 12th March, 1997</p><p>in H.C.C.C. NO. 3655 OF 1995 (O.S.))</p><p class="ql-align-center">JUDGMENT OF GICHERU, J.A.</p><p>Section 7 of the Civil Procedure Act, Chapter 21 of the Laws of Kenya is in the following terms:</p><p>&quot;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.&quot;</p><p>Dealing with the aspect of<em> res ju dicata</em> wherein it becomes an abuse of th…</p>