[2017] KEELC 1775 (KLR)
The court found that the prayers sought by the plaintiff in the plaint do not fall within the scope of Order 10 Rule 6 of the Civil Procedure Rules, which governs the entry of interlocutory judgment. Specifically, the reliefs sought are not for a liquidated demand, detention of goods, or recovery of land in the...
Source-derived case information.
- Citation
- [2017] KEELC 1775 (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
- Miscellaneous Application / Ruling on Interlocutory Application for Leave to Request Interlocutory Judgment
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Order 10 Rule 6, Ownership of Land, Service of Process
- 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
Miscellaneous Application / Ruling on Interlocutory Application for Leave to Request Interlocutory Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to leave to request for interlocutory judgment against the 2nd and 3rd defendants under Order 10 Rule 6 of the Civil Procedure Rules.
- 2 Whether the prayers sought in the plaint fall within the scope of interlocutory judgment provisions.
Ratio Decidendi
The court found that the prayers sought by the plaintiff in the plaint do not fall within the scope of Order 10 Rule 6 of the Civil Procedure Rules, which governs the entry of interlocutory judgment. Specifically, the reliefs sought are not for a liquidated demand, detention of goods, or recovery of land in the manner contemplated by the rule. As such, the application for leave to request interlocutory judgment against the 2nd and 3rd defendants lacks merit and is dismissed. The court further granted the 2nd and 3rd defendants seven days to file their documents and the plaintiff seven days to serve the next date for directions upon the 1st defendant. Costs were ordered to be in the cause.
Court Disposition
application dismissed
Orders
- The application dated 22nd August 2017 is dismissed.
- The 2nd and 3rd defendants are granted 7 days to file apposite documents.
Full Case Text
Judgment text and source record
32 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. This application is dated 22nd August, 2017. It seeks orders:
1. That leave be granted to the plaintiff to request for interlocutory judgment against the 2nd and 3rd defendant.
2. That costs of this application be borne by the 2nd and 3rd defendants.
2. I have perused the plaint which seeks judgment jointly and severally against the defendants:
a) That the plaintiff is the bonafide owner of land parcel No. 2049 L/East/Magutuni.
b) Costs of this suit and interest at prevailing commercial rates.
c) Any other better relief that this Honourable court may deem fit and just to grant.
3. It is pellucid that the prayers sought do not come within the purvew of the provisions of order 10 rule 6 of the Civil Procedure Rules.
4. Therefore, this application lacks merit.
5. This application is dismissed.
6. The 2nd and 3rd defendants are granted, at their request, 7 days to file apposite documents.
7. The plaintiff is granted 7 days, as he has requested, to serve the next date for directions upon the 1st defendant.
8. Costs shall be in the cause.
9. It is so ordered.
10. Directions on 10. 10. 2017
Delivered in open court at Chuka this 26th day of September, 2017
in the presence of:
CA: Ndegwa
Womache for the plaintiff
Kiongo for the 2nd and 3rd defendants
P.M. NJOROGE
JUDGE