[2019] KEELC 4032 (KLR)
The court found that the plaintiff's claim was not for pecuniary damages or for the detention of goods, as required by Order 10 Rule 6 of the Civil Procedure Rules. Therefore, the request for interlocutory judgment did not meet the threshold set by the rule, and the application was dismissed. The court directed the...
Source-derived case information.
- Citation
- [2019] KEELC 4032 (KLR)
- Parties
- Applicant: Methodist Church in Kenya Trustees Registered (for MCK Karwamba Church); Respondent: Hand of God Ministries (K) Church
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 07 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Judgment Request
- Outcome
- request for interlocutory judgment dismissed
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Order 10 Rule 6, Default Judgment, Church Property Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Methodist Church in Kenya Trustees Registered (for MCK Karwamba Church)
Applicant
Hand of God Ministries (K) Church
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Judgment Request
Legal Issues
- 1 Whether the plaintiff is entitled to interlocutory judgment under Order 10 Rule 6 of the Civil Procedure Rules.
- 2 Whether the claim qualifies as one for pecuniary damages or detention of goods.
Ratio Decidendi
The court found that the plaintiff's claim was not for pecuniary damages or for the detention of goods, as required by Order 10 Rule 6 of the Civil Procedure Rules. Therefore, the request for interlocutory judgment did not meet the threshold set by the rule, and the application was dismissed. The court directed the plaintiff to return for further directions, as the matter could not be disposed of through interlocutory judgment in the circumstances presented.
Court Disposition
request for interlocutory judgment dismissed
Orders
- The request for interlocutory judgment is dismissed.
- The plaintiff to return to court on 24.4.2019 for directions.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 07 OF 2018 (OS)
METHODIST CHURCH IN KENYA TRUSTEES REGISTERED
(FOR MCK KARWAMBA CHURCH.........................PLAINTIFF/APPLICANT
VERSUS
HAND OF GOD MINISTRIES (K) CHURCH....DEFENDANT/RESPONDENT
RULING
1. There is a request for interlocutory judgment under Order 10 Rule 6 of the Civil Procedure Rules filed by the plaintiff’s advocate on 15th January, 2019.
2. Order 10 Rule 6 reads as follows:
“Where the plaint is drawn with a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and any defendant fails to appear, the court shall, on request in Form No. 13 of Appendix A, enter interlocutory judgment against such defendant, and the plaintiff shall set down the suit for assessment by the court of the damages or the value of the goods and damages as the case may be.”
3. It is clear that the claim herein is not for pecuniary damages or for detention of goods.
4. In the circumstances, the request for interlocutory judgment is hereby dismissed.
5. The plaintiff will come back to court on 24. 4.2019 for directions.
6. It is so ordered.
Delivered in open Court at Chuka this 26th day of March, 2019 in the presence of:
CA: Ndegwa
Miss Njenga for the plaintiff
P.M. NJOROGE
JUDGE