[2016] KEELC 1235 (KLR)
The court found that the interlocutory judgment entered against the defendant was void ab initio because the defendant had already filed a statement of evidence at the time the judgment was entered. The court emphasized that no formal proof proceedings could be based on such a judgment. The defendant's preliminary...
Source-derived case information.
- Citation
- [2016] KEELC 1235 (KLR)
- Parties
- Plaintiff: Philomena Karimi Kimathi (Suing as the legal Administrator of the estate of the late Santamiano M'Arimi alias Domiano Arimi); Defendant: County Government of Meru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 165 of 2014
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Judgment, Preliminary Objection, and Directions for Injunctive Application
- Outcome
- Interlocutory judgment set aside as void ab initio; preliminary objection withdrawn and settled; directions issued for pre-trial compliance.
- Legal Topics
- Interlocutory Judgment, Preliminary Objection, Injunctive Orders, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philomena Karimi Kimathi (Suing as the legal Administrator of the estate of the late Santamiano M'Arimi alias Domiano Arimi)
Plaintiff
County Government of Meru
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Judgment, Preliminary Objection, and Directions for Injunctive Application
Legal Issues
- 1 Whether the interlocutory judgment entered against the defendant was valid given the defendant had filed a statement of evidence.
- 2 Whether the defendant's preliminary objection should be withdrawn and marked as settled.
- 3 What directions should be given regarding compliance with Order 11 of the Civil Procedure Rules and the hearing of the injunctive application.
Ratio Decidendi
The court found that the interlocutory judgment entered against the defendant was void ab initio because the defendant had already filed a statement of evidence at the time the judgment was entered. The court emphasized that no formal proof proceedings could be based on such a judgment. The defendant's preliminary objection was withdrawn and marked as settled. The court directed both parties to comply with Order 11 of the Civil Procedure Rules within specified timelines to ensure proper pre-trial procedures are followed. Costs were ordered to be in the cause, and the matter was set down for further directions regarding the hearing of the plaintiff's application for injunctive orders.
Court Disposition
Interlocutory judgment set aside as void ab initio; preliminary objection withdrawn and settled; directions issued for pre-trial compliance.
Orders
- The interlocutory judgment entered against the defendant and dated 14/03/2016 is hereby set aside and declared void ab initio.
- No formal proof proceedings can be predicated upon the judgment.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
IN THE ENVIRONMENT AND LAND COURT
CIVIL SUIT NO. 165 OF 2014
PHILOMENA KARIMI KIMATHI (Suing as the legal Administrator of the
estate of the late SANTAMIANO M'ARIMI ALIAS DOMIANO ARIMI).....PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF MERU.........................................................DEFENDANT
R U L I N G
This ruling covers 3 matters:-
An Interlocutory judgment dated 23rd day of March, 2015 entered against the defendant.
A Notice of Preliminary objection filed by the Defendant and dated 24th February,2015.
Directions regarding the hearing of an application for injunctive orders dated 27/10/2014 filed by the Plaintiff.
On 14/03/2016, Mr. Murithi, for the Plaintiff admitted that by the time the Interlocutory Judgment in this case was entered, the Defendant had already filed a statement of evidence . He was inclined to blame this Court's DR for the obvious inadvertence.
Regarding the Preliminary Objection, Mr. Kibiti. For the Defendant , told the Court that, his Client wished to withdraw it.
I do issue orders as follows:-
The Interlocutory Judgment entered against the Defendant and dated 14/03/2016 is hereby set aside and declared void ab initio. No formal proof proceedings can be predicated upon the Judgment.
The Preliminary Objection by the defendant dated 24/2/2015 is marked as withdrawn and settled.
Parties are directed to fully comply with Order 11, CPR within 60 days with the Plaintiff doing so within 30 days of today and the defendant doing so within 30 days after service upon him of the plaintiff's compliance documents.
Cost shall be in the cause.
It is so ordered.
Delivered in open Court at Meru this 23rd day of March, 2016 in the presence of:
CC: Daniel/Lilian
P. M. NJOROGE
JUDGE