SAMUEL KIPTUI NGEYWA V. PATRICK KWALIA MOIKUT, PHILIP LOCHOK EKAI & MATAYO NDILA CHEPROT

RULING OF THE COURT

This is an application under Rule 5(2) (b) of the Rules of this Court by the applicant, Samuel Kiptui Ngeywa. He seeks an order to restrain the respondents from evicting him or interfering with his stay on Plot No. 5 Kitalele Settlement Scheme Phase 1 (the property) pending the hearing and determination of his appeal from the ruling and order given by the Environment and Land Court at Kitale (E. Obaga, J) on 9^th February 2015. In that ruling, that court dismissed the applicant’s suit, as well as his application for interlocutory injunction, in ELCC No. 148 of 2013 on grounds that the same was res judicata. The Environment and Land Court held that the matters that the applicant was raising for adjudication in ELCC No. 148 of 2013 were directly and substantially in issue, and had already been adjudicated upon in HCCC No. 96 of 1999, a former suit between the same parties. According to the applicant, that decision by the Environment and Land Court was erroneous. He hop…