[2017] KEELC 1229 (KLR)
The court found that interlocutory judgment cannot be entered where the plaint does not contain a claim for pecuniary damages. Since the plaintiff's claim was not for pecuniary damages, the request for interlocutory judgment was denied. The court relied on the express provisions of Order 10 Rule 6 of the Civil...
Source-derived case information.
- Citation
- [2017] KEELC 1229 (KLR)
- Parties
- Plaintiff: Magambo Thambo; Defendant: Dickson Kirimi Ikiara; Defendant: DLASO Meru South/Maara Sub County; Defendant: Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 87 of 2017
- Procedural Posture
- Interlocutory Judgment Application / Ruling on Request for Interlocutory Judgment
- Outcome
- request for interlocutory judgment denied
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Default Judgment, Service of Process, Non Pecuniary Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Magambo Thambo
Plaintiff
Dickson Kirimi Ikiara
Defendant
DLASO Meru South/Maara Sub County
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Interlocutory Judgment Application / Ruling on Request for Interlocutory Judgment
Legal Issues
- 1 Whether interlocutory judgment can be entered against the 1st defendant for failure to enter appearance or file documents where the claim is not for pecuniary damages.
Ratio Decidendi
The court found that interlocutory judgment cannot be entered where the plaint does not contain a claim for pecuniary damages. Since the plaintiff's claim was not for pecuniary damages, the request for interlocutory judgment was denied. The court relied on the express provisions of Order 10 Rule 6 of the Civil Procedure Rules, which limits the entry of interlocutory judgment to cases involving liquidated claims or claims for detention of goods. The absence of a monetary claim in the plaint was determinative, and the court declined to grant the request, ordering that costs be in the cause.
Court Disposition
request for interlocutory judgment denied
Orders
- The request for interlocutory judgment is denied.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 87 OF 2017
MAGAMBO THAMBO…….…….………….....……….…..PLAINTIFF
VERSUS
DICKSON KIRIMI IKIARA………………….…..….. 1ST DEFENDANT
DLASO MERU SOUTH/MAARA SUB COUNTY….2ND DEFENDANT
HON. ATTORNEY GENERAL…………………....…3RD DEFENDANT
RULING
1. The plaintiff, on 15. 6.2017 filed a request for interlocutory judgment which is in the following terms
“REQUEST FOR INTERLOCUTORY JUDGMENT”
(Under Order 10 Rules 6 of the Civil Procedure Rules 2010)
The Plaintiff herein i.e. MAGAMBO THAMBO humbly requests for Interlocutory Judgment against the 1st Defendant who despite being served by summons & plaint together with other documents on 13th February, 2017 has so far failed to enter appearance or file his documents.
DATED AT MERU THIS 15th day of June, 2017
FOR: WAMACHE AND ASSOCIATES
ADVOCATES FOR THE PLAINTIFF
2. This request was brought to the attention of the court by Mr. Omari who was holding brief for the plaintiff’s advocate.
3. Upon perusal of the plaint it is noted that there is no claim for pecuniary damages.
4. In the circumstances, the request is denied.
5. Costs shall be in the cause.
6. It is so ordered.
Delivered in open court at Chuka this 31st day of October, 2017 in the presence of:
CA: Ndegwa
Omari h/b Wamache for the plaintiff
Dickson Kirima Ikiara – 1st defendant
P. M. NJOROGE
JUDGE