[2014] KEELC 13 (KLR)
The court found that the interlocutory judgment entered against the 2nd defendant, a government officer, was irregular because it was obtained without the requisite leave of court as stipulated by Order 10 rule 8 of the Civil Procedure Rules. The court agreed with the 2nd defendant's submission and held that...
Source-derived case information.
- Citation
- [2014] KEELC 13 (KLR)
- Parties
- Plaintiff: Mbaabu M'Abuaine M'Imunya; Defendant: Charles Mungathia M'Abuaine; Defendant: The Land Adjudication and Settlement Officer, Tigania
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 82 of 2013
- Procedural Posture
- Civil Suit / Ruling on Application to Set Aside Interlocutory Judgment
- Outcome
- Interlocutory judgment set aside.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Government Parties, Leave of Court, Adjudication Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbaabu M'Abuaine M'Imunya
Plaintiff
Charles Mungathia M'Abuaine
Defendant
The Land Adjudication and Settlement Officer, Tigania
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Set Aside Interlocutory Judgment
Legal Issues
- 1 Whether interlocutory judgment can be entered against the government without leave of court as required by Order 10 rule 8 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the interlocutory judgment entered against the 2nd defendant, a government officer, was irregular because it was obtained without the requisite leave of court as stipulated by Order 10 rule 8 of the Civil Procedure Rules. The court agreed with the 2nd defendant's submission and held that compliance with procedural requirements is mandatory when the government is a party. Consequently, the interlocutory judgment was set aside for being improperly entered.
Court Disposition
Interlocutory judgment set aside.
Orders
- The interlocutory judgment entered against the defendants on 8.5.2013 is set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
ON THE HIGH COURT OF KENYA AT MERU
E & L NO. 82 OF 2013
MBAABU M'ABUAINE M'IMUNYA.........................................PLAINTIFF
VERSUS
CHARLES MUNGATHIA M'ABUAINE.............................1ST DEFENDANT
THE LAND ADJ. & SETTLEMENT OFFICER TIGANIA.....2ND DEFENDANT
R U L I N G
The plaintiff obtained an Interlocutory Judgment against the two defendants on 8. 5.2013. The 2nd defendant is the Land Adjudication and Settlement Officer, Tigania, who is represented by the Attorney general.
When the matter came up for formal proof proceedings on 15. 10. 2014, Mr. Kiongo, State Counsel, for the 2nd defendant submitted that the Interlocutory Judgment should be set aside as it was irregularly obtained in contravention of Order 10 rule 8 of the Civil Procedure Rules which requires leave of Court to be obtained before an Interlocutory Judgment is entered against the government. I agree.
In the circumstances, the apposite Interlocutory Judgment is hereby set aside.
It is so ordered.
Delivered in Open Court at Meru this 10th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
Muthamia h/b Kimathi Kiara for Plaintiff
Kiongo for 2nd Defendant
P. M. NJOROGE
JUDGE