[2022] KEELC 15716 (KLR)

[2022] KEELC 15716 (KLR)

The court found that the first, third, and fourth defendants had been duly served with summons to enter appearance but failed to comply with the procedural requirements to enter appearance or file a defence within the prescribed period. In accordance with the Civil Procedure Rules, interlocutory judgment was entered...

Source-derived case information.

Citation
[2022] KEELC 15716 (KLR)
Parties
Plaintiff: Samuel Githinji Giti (Legal Representative of Magu Rutere); Plaintiff: Wilfred Njogu Mwaniki (Legal Representative of Mwaniki Miano); Plaintiff: Patrick Mwaniki Mbogo (Legal Representative of Mbogo Ireri t/a Maganjo and Company); Defendant: Peter Karanja Thuo; Defendant: Hannah Wanjiku Thuo; Defendant: Maganjo And Company Limited; Defendant: National Housing Corporation; Defendant: Chief Land Registrar; Defendant: Land Registrar, Kajiado; Defendant: Registrar of Companies
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Case Number
Environment & Land Case E69 of 2021
Procedural Posture
Environment and Land Case / Interlocutory Ruling
Outcome
Interlocutory judgment entered against first, third, and fourth defendants; suit withdrawn against second defendant; directions issued for pre-trial and service.
Judges
MN Gicheru
Legal Topics
Interlocutory Judgment, Service of Summons, Withdrawal of Suit, Pre Trial Procedure
Source Language
en
Land and Property Civil Procedure Interlocutory Judgment Service of Summons Withdrawal of Suit Pre Trial Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Githinji Giti (Legal Representative of Magu Rutere)

Plaintiff

Wilfred Njogu Mwaniki (Legal Representative of Mwaniki Miano)

Plaintiff

Patrick Mwaniki Mbogo (Legal Representative of Mbogo Ireri t/a Maganjo and Company)

Plaintiff

Peter Karanja Thuo

Defendant

Hannah Wanjiku Thuo

Defendant

Maganjo And Company Limited

Defendant

National Housing Corporation

Defendant

Chief Land Registrar

Defendant

Land Registrar, Kajiado

Defendant

Registrar of Companies

Defendant

Procedural Posture

Environment and Land Case / Interlocutory Ruling

Legal Issues

  1. 1 Whether interlocutory judgment should be entered against defendants who failed to enter appearance or file a defence despite service of summons.
  2. 2 Whether the suit should be withdrawn against a deceased defendant.
  3. 3 What directions should be given for further conduct of the suit.

Ratio Decidendi

The court found that the first, third, and fourth defendants had been duly served with summons to enter appearance but failed to comply with the procedural requirements to enter appearance or file a defence within the prescribed period. In accordance with the Civil Procedure Rules, interlocutory judgment was entered against these defendants, and the suit would proceed as undefended against them, subject to the plaintiffs formally proving their case. The court also accepted the plaintiffs' notification that the second defendant was deceased and accordingly marked the suit as withdrawn against her. Directions were issued for a pre-trial conference and for the plaintiffs to serve the...

Court Disposition

Interlocutory judgment entered against first, third, and fourth defendants; suit withdrawn against second defendant; directions issued for pre-trial and service.

Orders

  • Interlocutory judgment entered against the first, third, and fourth defendants who failed to enter appearance or file a defence.
  • The suit is marked as withdrawn against the second defendant who is deceased.