[2017] KEELC 2562 (KLR)
The court held that the plaintiff's claim, as framed in the plaint, was not for pecuniary damages or detention of goods. Therefore, the requirements for entry of interlocutory judgment under Order 10 rule 6 of the Civil Procedure Rules were not met. As such, the plaintiff's request for interlocutory judgment was...
Source-derived case information.
- Citation
- [2017] KEELC 2562 (KLR)
- Parties
- Plaintiff: Silvester Njue Njagi; Defendant: George Kinyua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 237 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Request for Interlocutory Judgment
- Outcome
- Plaintiff's request for interlocutory judgment rejected.
- Judges
- FM Njoroge
- Legal Topics
- Interlocutory Judgment, Entry of Judgment, Land Transfer Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvester Njue Njagi
Plaintiff
George Kinyua
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Request for Interlocutory Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to interlocutory judgment against the defendant under Order 10 rule 6 of the Civil Procedure Rules.
- 2 Whether the plaintiff's claim qualifies as a claim for pecuniary damages or detention of goods.
Ratio Decidendi
The court held that the plaintiff's claim, as framed in the plaint, was not for pecuniary damages or detention of goods. Therefore, the requirements for entry of interlocutory judgment under Order 10 rule 6 of the Civil Procedure Rules were not met. As such, the plaintiff's request for interlocutory judgment was rejected.
Court Disposition
Plaintiff's request for interlocutory judgment rejected.
Orders
- Plaintiff's prayer for interlocutory judgment is rejected.
- No costs are awarded.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 237 OF 2017
SILVESTER NJUE NJAGI……..………………...…..PLAINTIFF
VERSUS
GEORGE KINYUA…..………………………....…..DEFENDANT
RULING
1. By his letter dated 25th May, 2017 but strangely received by the registry on 24th May, 2017, one day before it was written, the plaintiff requests the court to enter an interlocutory judgment against the defendant and thereafter set down the case for formal proof proceedings.
2. The plaintiff’s plaint dated 2nd May, 2017 prays for judgment against the defendant for:
a. The defendant to transfer 0. 051 Ha to the plaintiff and in default the Deputy Registrar Chuka High Court be authorized to sign the relevant documents to effect the transfer of the suit land to the plaintiff.
b. The court do order the caution lodged against LR.NO. KARINGANI/NDAGANI/4725 be removed/lifted.
c. Costs of this application be provided for.
3. Order 10 rule 6 of the Civil Procedure Rules governs entry of interlocutory Judgments by the court. It 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 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 value of the goods and damages as the case may be.”
4. It is clear that the plaintiff’s claim as framed in the plaint is not a claim for pecuniary damages. Therefore, no interlocutory judgment can be entered in favour of the plaintiff against the defendant.
5. In the circumstances, the plaintiff’s prayer for an interlocutory judgment to be entered against the defendant is rejected.
6. No costs are awarded.
7. It is so ordered.
Delivered in open court at Chuka this 20th day of June, 2017
in the presence of:
CA: Ndegwa
Silvester Njue Njagi - plaintiff
P. M. NJOROGE
JUDGE