[2023] KEELC 19015 (KLR)
The court found that although the plaintiff had failed to comply with the earlier order to file a defence to the counterclaim, fairness required that the plaintiff be given a final opportunity to do so, particularly since the court had previously allowed a late pleading from the other side. However, the court...
Source-derived case information.
- Citation
- [2023] KEELC 19015 (KLR)
- Parties
- Plaintiff: Shepherd Catering Limited; Defendant: Nairobi Holdings Limited; Defendant: Chief Land Registrar Of Titles; Defendant: Steel Son Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 359 of 2004
- Procedural Posture
- Environment and Land Case / Ruling on Application for Adjournment, Leave to Appeal, and Stay of Proceedings
- Outcome
- Application for adjournment partially allowed; leave to appeal granted; stay of proceedings refused.
- Judges
- LN Mbugua
- Legal Topics
- Adjournment of Proceedings, Leave to Appeal, Stay of Proceedings, Counterclaim Defence, Filing Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shepherd Catering Limited
Plaintiff
Nairobi Holdings Limited
Defendant
Chief Land Registrar Of Titles
Defendant
Steel Son Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Adjournment, Leave to Appeal, and Stay of Proceedings
Legal Issues
- 1 Whether the plaintiff should be granted an adjournment to file a defence to the counterclaim.
- 2 Whether leave to appeal the present ruling should be granted.
- 3 Whether an order for stay of proceedings should be issued.
Ratio Decidendi
The court found that although the plaintiff had failed to comply with the earlier order to file a defence to the counterclaim, fairness required that the plaintiff be given a final opportunity to do so, particularly since the court had previously allowed a late pleading from the other side. However, the court declined to grant a stay of proceedings, finding no sufficient cause shown. Leave to appeal the present ruling was granted. The court emphasized the need for finality and directed strict timelines for compliance, warning that failure to file the defence would result in the counterclaim proceeding undefended.
Court Disposition
Application for adjournment partially allowed; leave to appeal granted; stay of proceedings refused.
Orders
- The 1st defendant in the counterclaim is granted 14 days (by 1.8.2023) to file and serve their statement of defence to the amended defence and counterclaim, witness statements, and documentary evidence, failing which the matter shall proceed as an undefended counterclaim.
- The plaintiff in the counterclaim is directed to file and serve any reply to defence by August 14, 2023, along with their witness statements and documentary evidence.
Full Case Text
Judgment text and source record
23 paragraphs
Shepherd Catering Limited v Nairobi Holdings Limited & 2 others (Environment & Land Case 359 of 2004) [2023] KEELC 19015 (KLR) (17 July 2023) (Ruling)
Neutral citation: [2023] KEELC 19015 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 359 of 2004
LN Mbugua, J
July 17, 2023
Between
Shepherd Catering Limited
Plaintiff
and
Nairobi Holdings Limited
1st Defendant
Chief Land Registrar Of Titles
2nd Defendant
Steel Son Limited
3rd Defendant
Ruling
1. This ruling relates to the application made by counsel for plaintiff in the main suit to have the suit adjourned on the grounds that. They need to file a defence to the counterclaim, that; they need leave to appeal today’s ruling and that they need to file an application for stay of proceedings.
2. I have perused the record. I find that in the court’s ruling dated February 23, 2023, the court allowed the 1st defendant in the counterclaim to file their defence to the counterclaim and any documentary evidence by March 24, 2023. This order was not complied with.
3. Nevertheless, I have taken into consideration that in the said ruling of February 23, 2023, the court proceeded to entertain a pleading filed more than 17 years after the suit was filed. The same was dated May 15, 2020. What is good for the goose is good for the godder. Thus I will grant the 1st defendant in the counterclaim a final chance to file and serve their defence.
4. I decline to grant any orders on the issue of stay. I proceed to give the following orders:1. The 1st defendant (now only defendant) in the counterclaim is granted 14 days (by 1. 8.2023) to file and serve their statement of defence to the Amended defence and counterclaim, witness statements and documentary evidence failure to which the matter shall proceed as an undefended counter claim.2. The plaintiff in the counter claim is directed to file /serve any reply to defence by August 14, 2023, along with their witness statements, and documentary evidence.3. Leave to appeal against the ruling delivered on July 17, 2023 is hereby granted.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Angwenyi holding brief for Magere for PlaintiffC. Kihara for 3rd Defendant