[2014] KEHC 3513 (KLR)

Source-derived case information.

Citation: [2014] KEHC 3513 (KLR)
Parties: Plaintiff: Josphat Wagonya Kiberu; Plaintiff: Geoffrey Macharia; Plaintiff: Jason Gakuu; Plaintiff: Gladys Ngoiri; Plaintiff: Sospeter Maina; Plaintiff: Sarah Njoki Alias Lydia Wanjiri; Plaintiff: Fredrick Magondu Gatitu; Plaintiff: John Muthee Nyamu; Defendant: New Kenya Development Agency; Defendant: Commissioner of Lands; Defendant: Chief Land Registrar; Defendant: The Attorney General
Court: High Court
Court Station: High Court at Kerugoya
Jurisdiction: Kenya
Case Number: Environment & Land Case 101 of 2014
Procedural Posture: Miscellaneous Application / Ruling on Application for Interlocutory Judgment
Outcome: application granted
Judges: BN Olao
Legal Topics: Interlocutory Judgment, Default Judgment, Service of Process, Failure to Enter Appearance
Source Language: en

Civil Procedure Land and Property Interlocutory Judgment Default Judgment Service of Process Failure to Enter Appearance

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Parties

Josphat Wagonya Kiberu

Plaintiff

Geoffrey Macharia

Plaintiff

Jason Gakuu

Plaintiff

Gladys Ngoiri

Plaintiff

Sospeter Maina

Plaintiff

Sarah Njoki Alias Lydia Wanjiri

Plaintiff

Fredrick Magondu Gatitu

Plaintiff

John Muthee Nyamu

Plaintiff

New Kenya Development Agency

Defendant

Commissioner of Lands

Defendant

Chief Land Registrar

Defendant

The Attorney General

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application for Interlocutory Judgment

Legal Issues

1 Whether the plaintiffs are entitled to interlocutory judgment against the 2nd, 3rd, and 4th defendants for failure to enter appearance or file defence.
2 Whether proper service of summons was effected on the 2nd, 3rd, and 4th defendants.

Ratio Decidendi

The court found that the 2nd, 3rd, and 4th defendants were duly served with summons to enter appearance but failed to do so and did not file any defences. The application for interlocutory judgment was unopposed, and there was no appearance by the said defendants at the hearing. The court, therefore, granted the orders sought in the plaintiffs' Notice of Motion dated 25th June 2014, in accordance with the Civil Procedure Rules, specifically Order 10 Rule 8, which allows for interlocutory judgment where a defendant fails to enter appearance or file a defence after proper service.

Court Disposition

application granted

Orders

Leave to apply for interlocutory judgment against the 2nd, 3rd, and 4th defendants is granted as prayed in the Notice of Motion dated 25th June 2014.
Costs in the cause.

Full Case Text

Judgment text and source record

35 paragraphs

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERUGOYA

ELC CASE NO. 101 OF 2014

JOSPHAT WAGONYA KIBERU ……………….….….….…….. 1ST PLAINTIFF

GEOFFREY MACHARIA ………………………………….…… 2ND PLAINTIFF

JASON GAKUU ……………………………….……..…….……. 3RD PLAINTIFF

GLADYS NGOIRI ……………………………….…....…..…….. 4TH PLAINTIFF

SOSPETER MAINA ………………………………………........ 5TH PLAINTIFFF

SARAH NJOKI Alias LYDIA WANJIRI …………….….....…… 6TH PLAINTIFF

FREDRICK MAGONDU GATITU ……………………….….…. 7TH PLAINTIFF

JOHN MUTHEE NYAMU…………..………………………..….. 8TH PLAINTIFF

VERSUS

NEW KENYA DEVELOPMENT AGENCY …………..…….. 1ST DEFENDANT

COMMISSIONER OF LANDS ……………………….……… 2ND DEFENDANT

CHIEF LAND REGISTRAR ……………..……………..…….. 3RD DEFENDANT

THE ATTORNEY GENERAL …………………….………… 4TH DEFENDANT

RULING

This application brought under Order 10 Rule 8 of the Civil Procedure Rules seeks leave to apply for interlocutory judgment against the 2nd, 3rd and 4th defendants. It is founded on the grounds on the face of the application and supported by the affidavit of the 1st plaintiff/applicant sworn on 25th June 2014 in which it is deponed that although the 2nd, 3rd and 4th defendants/respondents were served with summons to enter appearance on 24th April 2014 through their known representatives, they have neither appeared nor filed their defences. Hence this application.

The application is not opposed and there was no appearance by the 2nd, 3rd and 4th defendants/respondents though served for hearing on 30th July 2014.

I have considered the application as well as the supporting affidavit by the 1st plaintiff/applicant. The same as I have stated is un-opposed. I accordingly grant the orders sought in the plaintiffs/applicants Notice of Motion dated 25th June 2014. Costs in the cause.

B.N. OLAO

JUDGE

31ST JULY, 2014

31/7/2014

Before

B.N. Olao – Judge

Mwangi – CC

Mr. Gacheru for Applicant – present

Respondent – absent

COURT: Ruling delivered this 31st day of July 2014 in open Court.

Mr. Gacheru for Applicant present

No appearance for Respondent.

B.N. OLAO

JUDGE

31ST JULY, 2014

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