[2024] KEELC 6250 (KLR)
The court declined to endorse the plaintiffs' request for judgment against the 1st defendant for failure to file a defence, holding that the right to be heard is a fundamental principle of natural justice. The court found that the matter was at an early stage and that substantive justice would be better served by...
Source-derived case information.
- Citation
- [2024] KEELC 6250 (KLR)
- Parties
- Plaintiff: Elizabeth Wangari Green; Plaintiff: Caroline Ongito; Plaintiff: Eddah Wanjiku Kimani; Defendant: Certified Homes Limited; Defendant: Lilian Oketch; Defendant: Dennis Oketch
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E151 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Request for Judgment and Directions for Defence Filing
- Outcome
- Request for judgment declined; 1st defendant granted 14 days to file and serve defence; failure to comply will result in judgment for plaintiffs on liquidated claim.
- Judges
- LN Mbugua
- Legal Topics
- Default Judgment, Right to Be Heard, Liquidated Claims, Filing of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wangari Green
Plaintiff
Caroline Ongito
Plaintiff
Eddah Wanjiku Kimani
Plaintiff
Certified Homes Limited
Defendant
Lilian Oketch
Defendant
Dennis Oketch
Defendant
Procedural Posture
Environment and Land Case / Ruling on Request for Judgment and Directions for Defence Filing
Legal Issues
- 1 Whether the court should endorse the plaintiffs' request for judgment against the 1st defendant for failure to file a defence.
- 2 Whether the right to be heard under the rules of natural justice requires the 1st defendant to be given an opportunity to file a defence.
Ratio Decidendi
The court declined to endorse the plaintiffs' request for judgment against the 1st defendant for failure to file a defence, holding that the right to be heard is a fundamental principle of natural justice. The court found that the matter was at an early stage and that substantive justice would be better served by allowing the 1st defendant an opportunity to file and serve a defence within 14 days. If the 1st defendant fails to comply, judgment will be entered for the plaintiffs in terms of the liquidated claim as set out in the plaint.
Court Disposition
Request for judgment declined; 1st defendant granted 14 days to file and serve defence; failure to comply will result in judgment for plaintiffs on liquidated claim.
Orders
- The request for judgment by the plaintiffs is declined.
- The 1st defendant is granted 14 days to file and serve a statement of defence.
Full Case Text
Judgment text and source record
27 paragraphs
Green & 2 others v Certified Homes Limited & 2 others (Environment & Land Case E151 of 2024) [2024] KEELC 6250 (KLR) (19 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6250 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E151 of 2024
LN Mbugua, J
September 19, 2024
Between
Elizabeth Wangari Green
1st Plaintiff
Caroline Ongito
2nd Plaintiff
Eddah Wanjiku Kimani
3rd Plaintiff
and
Certified Homes Limited
1st Defendant
Lilian Oketch
2nd Defendant
Dennis Oketch
3rd Defendant
Ruling
1. This matter was mentioned before me for the very first time on 23. 7.2024 when counsel for the 1st defendant indicated that they had filed a memorandum of appearance but not a defence, they sought for 14 days to file their defence. In opposition thereof, the plaintiffs contended that the issue of filing a defence has been overtaken by events as they had filed a request for judgment dated 27. 5.2024 in relation to the liquidated claim.
2. There is no controversy that the 1st defendant did not file a defence as stipulated under Order 7 rule 1 and order 10 rule 4 of the Civil procedure rules. Should the court proceed to endorse the request for judgment? The right to be heard is one of the cardinal fundamental rights regarding the rules of natural justice, see Republic v Advocates Disciplinary Tribunal Exparte Apollo Mboya [2019] eKLR, Catherine Muthoni Kiriungi & Another v Chairman, Land Adjudication & Settlement Officer, Tigania East Central Division & 3 Others [2017] eKLR. In the case of Kenya Trypanosomiasis Research Institute v Anthony Kabimba Gusinjilu [2019] eKLR, the Court of Appeal had this to say on the aforementioned rule;“The right to be heard is a cardinal rule established under the principles of natural justice generally expressed as audi alteram partem. This Latin phrase literally translates 'hear the parties in turn' and has been appropriately paraphrased as 'do not condemn anyone unheard'. This means that a party, no matter how seemingly frivolous or inconsequential, must be given a fair hearing.”
3. In Isiolo Stage View Enterprises v Isiolo County Government & 2 others [2018] eKLR, I stated thus;“This court is conscious of its mandate in administration of justice. The ultimate goal is to dispense substantive justice. In this case, I must balance the interests of the parties herein and to this end, I find it necessary to give parties an opportunity to bring forth all the evidence in support of their case.”
4. I find that this matter is at the infancy stage. The dictates of justice would be served better if all parties are given an opportunity to present their case. In that regard, the court declines to endorse the request for judgment. Instead, I hereby give directions for the 1st defendant to file and serve a statement of defence within 14 days failure to which, judgment shall be entered for the plaintiffs against the 1st defendant in terms of the liquidated claim set out in prayer (c) and (d) of the plaint.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF SEPTEMBER, 2024 THROUGH MICROSOFT TEAMS.**LUCY N. MBUGUAJUDGEIn the presence of:-Arika for PlaintiffOwiro for 2nd and 3rd DefendantKinoti holding brief for Kimani for 1st DefendantCourt assistant: EddelELC CASE NO. E151 OF 2024 (Ruling) Page 2 of 2