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ELCStruck OutEnvironment & Land Court Case No. 70 of 2013· [2014] KEELC 325 (KLR)

Cenriva Traders Ltd v County Government of Trans Nzoia [2014] KEELC 325 (KLR)

Environment & Land Court (High Court of Kenya) at Kitale
2 July 2014
EOE. Obaga
716 words in judgment
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The bottom line

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The court struck out Cenriva Traders' case for amending its pleadings twice without court permission, confirming Kenyan procedure rules cannot be bypassed.

What this practically means

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Executive summary

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Cenriva Traders Ltd, a tenant of premises on LR. No. 2116/48/IV in Kitale town under a tenancy agreement with the County Council of Nzoia, predecessor of the respondent, sued after the County Government of Trans Nzoia issued a notice on 2/5/2013 requiring it to vacate by 30th June 2013. The applicant sought an order preserving the status quo pending determination of a suit in which it sought a declaration that the termination notice was illegal. The suit was originally filed against the Transition Authority and was thereafter amended twice, bringing in the respondent. The respondent opposed by grounds of opposition filed 9/4/2014, contending that the application and plaint were amended, and the respondent joined, without leave of court. The court framed two issues: whether the pleadings were amended without leave, and whether the respondent was properly joined. Counsel for the applicant invoked section 19(2) of the Environment and Land Court Act, arguing the court should not be bound by Civil Procedure Act procedure and should dispense substantive justice; counsel for the respondent urged that mandatory procedures are not mere technicalities and sought striking out. The court held that a party may amend once without leave, but the second amendment of 10/9/2013 and the joinder of the respondent were done without leave, and the requirement of leave is fundamental, not a waivable technicality, the ELC being bound by the Civil Procedure Rules as amended. The application of 10/9/2013 and the amended plaint were struck out with costs to the respondent.

Key legal issues

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Whether the second amendment of the pleadings and joinder of the respondent without leave of court was lawful

Holding

The second amendment and the introduction of the respondent were done unprocedurally and the offending documents were struck out

Reasoning

The Civil Procedure Rules require that leave be obtained before amendment where substitution of parties is involved. The applicant amended once on 12/9/2013 and again on 10/9/2013 without leave, also joining the respondent without leave. Counsel's reliance on the not-bound-by-procedure provision failed because that section had been amended, and the court held the leave requirement fundamental rather than a technicality.

p. 3

Legal principles established

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  • A party may amend pleadings once without leave before close of pleadings, but a second amendment or substitution/joinder of parties requires leave of court, and that requirement is fundamental and cannot be overlooked as a mere procedural technicality
  • The Environment and Land Court is bound by the rules laid down in the Civil Procedure Rules notwithstanding the flexibility provision in the Environment and Land Court Act, which has been amended

Court orders

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  1. 1.The applicant's application dated 10/9/2013 is struck out
  2. 2.The amended plaint dated 10/9/2013 is struck out
  3. 3.Costs of the application to the respondent

Authorities

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Legislation

  • Civil Procedure Actgenerally (as laying down procedure applicable)
  • Civil Procedure Rulesrules on amendment of pleadings and substitution of parties
  • Environment and Land Court Actsection 19(2)
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to occupation of business premises (LR. No. 2116/48/IV, Kitale)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Cenriva Traders Ltd v County Government of Trans Nzoia [2014] KEELC 325 (KLR)", Case Analysis (2014). Environment & Land Court Case No. 70 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/325/eng@2014-07-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.