[2015] KEHC 1341 (KLR)
The court determined that the application for an inquiry as to damages or an account of profits, following a judgment in favour of the plaintiff, is a matter that falls within the jurisdiction of the Deputy Registrar as provided by Order 49 Rule 7(1)(viii) of the Civil Procedure Rules. The judge found no substantive...
Source-derived case information.
- Citation
- [2015] KEHC 1341 (KLR)
- Parties
- Plaintiff: Macmillan Kenya (Publishers) Ltd; Defendant: Mount Kenya Sundries Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2503 of 1995
- Procedural Posture
- Civil Case / Post Judgment Application for Inquiry as to Damages or Account of Profits
- Outcome
- Application referred to Deputy Registrar for hearing and determination.
- Judges
- RE Aburili
- Legal Topics
- Post Judgment Applications, Damages Inquiries, Account of Profits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Macmillan Kenya (Publishers) Ltd
Plaintiff
Mount Kenya Sundries Ltd
Defendant
Procedural Posture
Civil Case / Post Judgment Application for Inquiry as to Damages or Account of Profits
Legal Issues
- 1 Whether the court should order an inquiry as to damages or an account of profits payable to the plaintiff by the defendant.
- 2 Whether the application should be heard by the judge or be referred to the Deputy Registrar under the Civil Procedure Rules.
Ratio Decidendi
The court determined that the application for an inquiry as to damages or an account of profits, following a judgment in favour of the plaintiff, is a matter that falls within the jurisdiction of the Deputy Registrar as provided by Order 49 Rule 7(1)(viii) of the Civil Procedure Rules. The judge found no substantive reason to retain the matter at the judge's level and accordingly directed that the application be placed before the Deputy Registrar for hearing and determination. This approach ensures procedural efficiency and adherence to the Civil Procedure Rules regarding post-judgment processes.
Court Disposition
Application referred to Deputy Registrar for hearing and determination.
Orders
- The application dated 17th February 2015 is to be placed before the Deputy Registrar for hearing and determination.
- Hearing scheduled for 19th November 2015 before the Deputy Registrar, High Court Civil Division.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO.2503 OF 1995
MACMILLAN KENYA (PUBLISHERS) LTD………….PLAINTIFF
VERSUS
MOUNT KENYA SUNDRIES LTD ….……………….. DEFENDANT
RULING
By Chamber Summons dated 17th February 2015,and filed in court on 26th March 2015, the plaintiff Macmillan Kenya Publishers Ltd seeks from this court under Order 20 Rules 3 and 4 of the Civil Procedure Rules and under the inherent power of the court orders that:
An inquiry as to damages or an account of profits payable to the plaintiff by the defendants be made.
The costs of this application be provided for.
The application is predicated on the grounds:
Judgment was delivered on 23rd October 2008 and the court granted the plaintiff’s claim as prayed in the plaint.
Among the prayers granted was an order for inquiry as to damages or alternatively an account of profits and payment of al sums found due upon taking such inquiry.
The parties have since delivery of the judgment been negotiating on a without prejudice basis towards reaching an out of court settlement as to the damages payable to the plaintiff but no settlement has been reached.
In the circumstances, it is necessary and in the interest of justice that orders sought herein be granted.
The application is further supported by the affidavit of David Mutai Managing Director of the Plaintiff Company reiterating he grounds upon which the application is predicated and annextures.
The defendant opposed the application by filing a replying affidavit sworn on 15th June 2015 by Kuldip Sapra.
I have perused the application and the response thereto. The nature of this application is one which can be heard and disposed of by the Deputy Registrar of the High court pursuant to the powers conferred by Order 49 Rule 7(1) (viii).
Accordingly, I direct that this matter be placed before the Deputy Registrar for a rehearing. Hearing on 19th November 2015 before the Deputy Registrar, High Court Civil division.
Orders accordingly.
R.E. ABURILI
JUDGE
23/10/2015
23/10/2015
Coram before R.E. Aburili J
C.A. Adline
Mr. Odongo holding brief for Opiny for respondent
Miss Kariuki holding brief for Murugara for plaintiff.
COURT- Ruling read and delivered in open court as scheduled. The file to be placed before the Deputy Registrar on 19th November,2015 for hearing consideration of the application dated 17th February 2015.
R.E. ABURILI
JUDGE
23/10/2015