[2018] KEELC 4464 (KLR)
The court held that the plaintiff's claim for eviction and permanent injunction does not fall within the categories of claims for which interlocutory judgment may be entered under Order 10 Rule 6 of the Civil Procedure Rules. The rule restricts interlocutory judgment to claims for pecuniary damages or detention of...
Source-derived case information.
- Citation
- [2018] KEELC 4464 (KLR)
- Parties
- Plaintiff: Gachwe Mbui; Defendant: Maritha Murugi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 194 of 2017
- Procedural Posture
- Interlocutory Application / Ruling on Request for Interlocutory Judgment
- Outcome
- Plaintiff's request for interlocutory judgment denied.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Order 10 Rule 6, Eviction Orders, Permanent Injunction, Trespass to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gachwe Mbui
Plaintiff
Maritha Murugi
Defendant
Procedural Posture
Interlocutory Application / Ruling on Request for Interlocutory Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to interlocutory judgment under Order 10 Rule 6 of the Civil Procedure Rules for an eviction and injunction claim.
- 2 Whether the nature of the plaintiff's claim falls within the scope of Order 10 Rule 6.
Ratio Decidendi
The court held that the plaintiff's claim for eviction and permanent injunction does not fall within the categories of claims for which interlocutory judgment may be entered under Order 10 Rule 6 of the Civil Procedure Rules. The rule restricts interlocutory judgment to claims for pecuniary damages or detention of goods, and the plaintiff's claim, being for eviction and injunctive relief, is outside this scope. Consequently, the request for interlocutory judgment was denied.
Court Disposition
Plaintiff's request for interlocutory judgment denied.
Orders
- The plaintiff's request for interlocutory judgment is denied.
- There is no order as to costs.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 194 OF 2017
GACHWE MBUI..............................................PLAINTIFF
VERSUS
MARITHA MURUGI...................................DEFENDANT
RULING
1. The plaintiff’s advocate made a request for interlocutory judgment against the defendant dated 6th October, 2017. It was filed on 10th October, 2017. The request is in the following terms:
REQUEST FOR INTERLOCUTORY JUDGMENT AGAINST THE DEFENDANT UNDER ORDER 10 (RULE 6) OF THE CIVIL PROCEDURE RULES (CAP 21)
The plaintiff requests for judgment against the defendant herein who has failed to appear or file her statement of defence within the stipulated time.
This request is for judgment for interlocutory judgment as hereunder:-
a. An Order for eviction and permanent injunction to restrain the defendant whether by herself, her family members, agents, servants, representatives, employees, and/or anybody else acting or claiming on her behalf from trespassing, constructing any structures, dealing, cultivating and fencing or in any way interfering with the plaintiff’s peaceful use and enjoyment of land parcel comprised of 4 acres of land situate at Ngaani in Kanjoro location within Tharaka North District in any manner whatsoever.
b. Costs of this suit and interests thereon.
c. Any other or better relief that this court may deem fit and just to grant.
DATED AT MERU THIS 6TH DAY OF OCTOBER, 2017
For: JOHN MUTHOMI & CO.
ADVOCATES FOR THE PLAINTIFF
2. The orders sought by the plaintiff in the plaint are:
1. An order of eviction and permanent injunction to restrain the defendant whether by herself, her family members, agents, servants, representatives, employees, and/or anybody else acting or claiming on her behalf from trespassing, constructing any structures, dealing, cultivating and fencing or in any way interfering with the plaintiff’s peaceful use and enjoyment of land parcel comprised of 4 acres of land situate at Ngaani in Kanjoro location within Tharaka North District in any manner whatsoever.
2. Costs of this suit and interests thereon.
3. Any other or better relief that this court may deem fit and just to grant.
3. Judgment can only be entered in terms of order 10 Rule 6 of the Civil Procedure Rules where the claim is for:
a) Pecuniary damages only
b) Detention of goods with or without a claim for pecuniary damages.
4. The claim in the plaint in this case does not fall within the purview envisaged by Order 10 Rule 6 of the Civil Procedure Rules.
5. In the circumstances, the plaintiff’s request is denied.
6. There is no order regarding costs.
7. It is so ordered
Delivered in open court at Chuka this 21st day of February, 2018 in the presence of:
CA: Ndegwa
Parties not present
P.M. NJOROGE
JUDGE