[2024] KEELC 630 (KLR)
The court held that interlocutory judgment cannot be entered in non-liquidated claims under the Civil Procedure Rules. While the interlocutory judgment entered years ago will not be set aside, its effect is limited to liquidated claims only. The 7th defendant is permitted to tender evidence regarding non-liquidated...
Source-derived case information.
- Citation
- [2024] KEELC 630 (KLR)
- Parties
- Plaintiff: Samson Maisiba Kirioba; Defendant: Godfrey Oyoro Odida; Defendant: Eliud Ng’Ang’A Murimi; Defendant: Francis Osuma; Defendant: Leah Wangechi Kariuki; Defendant: Kariuki Gitingiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1510 of 2014
- Procedural Posture
- Environment and Land Case / Ruling on Application to Set Aside Interlocutory Judgment
- Outcome
- Application to set aside interlocutory judgment in non-liquidated claims allowed in part.
- Judges
- LN Mbugua
- Legal Topics
- Interlocutory Judgment, Non Liquidated Claims, Setting Aside Judgment, Civil Procedure Rules, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Maisiba Kirioba
Plaintiff
Godfrey Oyoro Odida
Defendant
Eliud Ng’Ang’A Murimi
Defendant
Francis Osuma
Defendant
Leah Wangechi Kariuki
Defendant
Kariuki Gitingiri
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Set Aside Interlocutory Judgment
Legal Issues
- 1 Whether interlocutory judgment can be set aside in respect of non-liquidated claims after a long lapse of time.
- 2 Whether the Civil Procedure Rules permit entry of interlocutory judgment in non-liquidated claims.
- 3 Whether the 7th defendant should be allowed to tender evidence on non-liquidated claims.
Ratio Decidendi
The court held that interlocutory judgment cannot be entered in non-liquidated claims under the Civil Procedure Rules. While the interlocutory judgment entered years ago will not be set aside, its effect is limited to liquidated claims only. The 7th defendant is permitted to tender evidence regarding non-liquidated claims, as the rules do not envisage interlocutory judgment in such matters. The court relied on both statutory provisions and case law to reach this conclusion, emphasizing the distinction between liquidated and non-liquidated claims in procedural law.
Court Disposition
Application to set aside interlocutory judgment in non-liquidated claims allowed in part.
Orders
- Interlocutory judgment entered several years ago shall not be set aside but shall only apply to liquidated claims.
- The 7th defendant is allowed to tender evidence in so far as it makes reference to non-liquidated claims.
Full Case Text
Judgment text and source record
27 paragraphs
Kirioba v Odida & 4 others (Environment & Land Case 1510 of 2014) [2024] KEELC 630 (KLR) (7 February 2024) (Ruling)
Neutral citation: [2024] KEELC 630 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1510 of 2014
LN Mbugua, J
February 7, 2024
Between
Samson Maisiba Kirioba
Plaintiff
and
Godfrey Oyoro Odida
1st Defendant
Eliud Ng’Ang’A Murimi
2nd Defendant
Francis Osuma
3rd Defendant
Leah Wangechi Kariuki
4th Defendant
Kariuki Gitingiri
5th Defendant
Ruling
1. Counsel for 7th defendant has sought for the setting aside of interlocutory judgment. This move has been opposed by plaintiffs counsel who contend that the rules of procedure don’t envisage such a scenario more so when the judgment was entered more than 20 years ago.
2. I find that the rules of procedure particularly order 10 rule 4, 6, 9 and10 of the Civil Procedure Rules do not envisage entry of interlocutory judgment in non- liquidated claims. To this end, the court makes reference to the cases of Peter Karanja Kamani v Isaac Mwangi Kimani[2018] eKLR and Beatrice Wanjiru Kamuri V John Kibira Muiruri [2016] EKLR.
3. To this end, the court will give orders that the interlocutory judgment entered several years ago shall not be set aside but the same shall only apply to liquidated claims.
4. To this end, the 7th defendant is hereby allowed to tender his evidence in so far as it makes reference to non-liquidated claims.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 7TH DAY OF FEBRUARY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kinoru for Adida (7th Defendant)Muhoro for M/s Murimi (8th Defendant and Kamore (1st Defendant)James Kamore the 1st DefendantGodfrey Odida the 7th DefendantCourt Assistant: Cherono