[2021] KEHC 12636 (KLR)
The court found that only the 1st defendant satisfactorily explained his failure to attend mediation, while the plaintiff and 2nd defendant did not show cause. Consequently, the court directed all parties to undertake pre-trial procedures within 14 days and ordered that the matter be set down for trial on a priority...
Source-derived case information.
- Citation
- [2021] KEHC 12636 (KLR)
- Parties
- Plaintiff: Royal Apartments Limited; Defendant: Vrajbhushan D. Shah; Defendant: Sapna V. Shah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 472 of 2017
- Procedural Posture
- Civil Suit / Pre Trial Directions After Failed Mediation
- Outcome
- Pre-trial directions issued; matter to proceed to trial on a priority basis.
- Judges
- B Ojoo
- Legal Topics
- Breach of Contract, Sale of Property, Mediation Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Royal Apartments Limited
Plaintiff
Vrajbhushan D. Shah
Defendant
Sapna V. Shah
Defendant
Procedural Posture
Civil Suit / Pre Trial Directions After Failed Mediation
Legal Issues
- 1 Whether the parties have shown sufficient cause for failing to attend mediation as directed by the court.
- 2 What directions should be given for the further conduct of the suit after failed mediation.
Ratio Decidendi
The court found that only the 1st defendant satisfactorily explained his failure to attend mediation, while the plaintiff and 2nd defendant did not show cause. Consequently, the court directed all parties to undertake pre-trial procedures within 14 days and ordered that the matter be set down for trial on a priority basis. The court exercised its discretion to ensure the matter proceeds expeditiously in light of the parties' non-compliance with mediation requirements.
Court Disposition
Pre-trial directions issued; matter to proceed to trial on a priority basis.
Orders
- Parties to undertake pre-trials within 14 days.
- Matter to be listed for trial on a priority basis.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL AND TAX DIVISION
CIVIL SUIT NO. 472 OF 2017
ROYAL APARTMENTS LIMITED..........PLAINTIFF
VERSUS
VRAJBHUSHAN D. SHAH.............1ST DEFENDANT
SAPNA V. SHAH..............................2ND DEFENDANT
R U L I N G
1. This suit was commenced vide a plaint dated 20/11/2017 whereby the plaintiff claimed a sum of Kshs.87,606,219/87 plus interest. The said claim was in respect of the purchase by the defendants of 3 apartments owned by the plaintiff.
2. Subsequently, the parties were referred to mediation. However, they failed to appear before the Mediator as required. This resulted in the Court issuing the parties with a Notice To Show Cause why they failed to appear for Mediation.
3. The 1st defendant filed a lengthy affidavit wherein he satisfactorily showed cause for the failure. However, the 2nd defendant and the plaintiff did not show any cause. This Court has noted the same.
4. In this regard, I direct that the parties undertake pre-trials within 14 days and the matter be listed for trial on a priority basis.
DATEDand DELIVEREDat Nairobi this 25th day of February, 2021.
A. MABEYA, FCI Arb
JUDGE