[2022] KEELC 1523 (KLR)
The court found that the plaint did not contain a claim for liquidated damages, and therefore, in accordance with established legal principles and precedent, interlocutory judgment could not be entered in a land matter absent such a claim. The court further exercised its inherent jurisdiction to allow the 3rd and...
Source-derived case information.
- Citation
- [2022] KEELC 1523 (KLR)
- Parties
- Plaintiff: EPCO Builders Limited; Defendant: Nairobi City Water & Sewerage Company; Defendant: Athi Water Works Development Agency; Defendant: Ministry of Transport, Infrastructure, Housing and Urban Development; Defendant: G. L. Williams Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2020
- Procedural Posture
- Land and Property / Interlocutory Application for Judgment and Extension of Time to File Pleadings
- Outcome
- Request for interlocutory judgment declined; extension of time granted to 3rd and 4th Defendants.
- Judges
- LN Mbugua
- Legal Topics
- Interlocutory Judgment, Pleadings Extension, Liquidated Damages Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EPCO Builders Limited
Plaintiff
Nairobi City Water & Sewerage Company
Defendant
Athi Water Works Development Agency
Defendant
Ministry of Transport, Infrastructure, Housing and Urban Development
Defendant
G. L. Williams Limited
Defendant
Procedural Posture
Land and Property / Interlocutory Application for Judgment and Extension of Time to File Pleadings
Legal Issues
- 1 Whether interlocutory judgment can be entered in a land matter where the claim does not include liquidated damages.
- 2 Whether the 3rd and 4th Defendants should be granted time to file their pleadings.
Ratio Decidendi
The court found that the plaint did not contain a claim for liquidated damages, and therefore, in accordance with established legal principles and precedent, interlocutory judgment could not be entered in a land matter absent such a claim. The court further exercised its inherent jurisdiction to allow the 3rd and 4th Defendants 14 days to file and serve their pleadings, ensuring procedural fairness and adherence to the Civil Procedure Rules.
Court Disposition
Request for interlocutory judgment declined; extension of time granted to 3rd and 4th Defendants.
Orders
- The request for judgment by the Plaintiff is not endorsed.
- The 3rd and 4th Defendants are granted 14 days to file and serve their pleadings.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. 46 OF 2020
EPCO BUILDERS LIMITED..............................................................................PLAINTIFF
VERSUS
NAIROBI CITY WATER & SEWERAGE COMPANY.........................1ST DEFENDANT
ATHI WATER WORKS DEVELOPMENT AGENCY.........................2ND DEFENDANT
MINISTRY OF TRANSPORT, INFRASTRUCTURE,
HOUSING AND URBAN DEVELOPMENT..........................................3RD DEFENDANT
G. L. WILLIAMS LIMITED....................................................................4TH DEFENDANT
RULING
1. The 3rd Defendant has stated that they have just come on record hence they seek 14 days to file their pleadings. Counsel for the Plaintiff however avers that he filed a request for judgment against 3rd & 4th Defendants dated12. 11. 2021.
2. In rejoinder, counsel for 3rd Defendant avers that there is no claim for liquidated damages to warrant the request for judgment. I have perused the plaint and indeed there is no claim for liquidated damages.
3. In the case of Peter Karanja Kamani v Isaac Mwangi Kimani(2018)eKLR,the court held that:
“Under Order 10 Rules 4,6,9 and 10 of the Civil Procedure Rules Interlocutory judgment cannot issue in land matters unless the claim is accompanied by a prayer for pecuniary damages.”
4. In that regard, I find that the request for judgment made by the Plaintiff cannot be endorsed by this court.
5. I hereby invoke the court’s inherent jurisdiction under Section 3Aof the Civil Procedure Act and I grant the 3rd & 4th Defendants 14 days to file and serve their pleadings.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OF FEBRUARY, 2022 THROUGH MICROSOFT TEAMS.
LUCY N. MBUGUA
JUDGE
In the presence of:-
Oketch for the Plaintiff
A. Kamau for the Defendant
Court Assistant: Eddel Barasa