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ELCDismissedNot stated in the judgment· [2017] KEELC 1229 (KLR)
Magambo Thambo v Dickson Kirimi Ikiara, Dlaso Meru South/Maara Sub County & Attorney General (Environment & Land Case 87 of 2017) [2017] KEELC 1229 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court denied default judgment because the claim did not ask for a specific money amount.
What this practically means
#Executive summary
#The plaintiff, Magambo Thambo, through Wamache and Associates Advocates, filed a request for interlocutory judgment on 15th June 2017 under Order 10 Rule 6 of the Civil Procedure Rules 2010, seeking judgment against the 1st defendant, Dickson Kirima Ikiara. The plaintiff asserted that the 1st defendant had been served with summons, plaint and other documents on 13th February 2017 but had failed to enter appearance or file any documents. The request was brought to the court's attention by Mr. Omari, holding brief for the plaintiff's advocate. The court perused the plaint and observed that it contained no claim for pecuniary damages. Because interlocutory judgment under Order 10 Rule 6 is tied to claims for a liquidated pecuniary amount, the court held that in the circumstances the request could not be granted. It accordingly denied the request for interlocutory judgment and ordered that costs should be in the cause. The judgment was delivered in open court at Chuka on 31st October 2017, with Mr. Omari holding brief for the plaintiff's advocate and the 1st defendant appearing in person, before P. M. Njoroge, Judge. The practical effect is that the suit remains to be prosecuted or defended on its merits; the plaintiff cannot take advantage of the 1st defendant's default to obtain interlocutory judgment where no pecuniary damages are claimed.
Key legal issues
#01
Whether interlocutory judgment lies where there is no claim for pecuniary damages
Holding
The request for interlocutory judgment was denied because the plaint sought no pecuniary damages
Reasoning
The plaintiff requested interlocutory judgment under Order 10 Rule 6 of the Civil Procedure Rules 2010 against the 1st defendant, who had been served with summons and plaint on 13th February 2017 but failed to enter appearance or file documents. On perusing the plaint, the court found no claim for pecuniary damages, and in those circumstances denied the request.
p. 1
Legal principles established
#- Interlocutory judgment under Order 10 Rule 6 is unavailable where the plaint does not claim pecuniary damages
Court orders
#- 1.Request for interlocutory judgment denied
- 2.Costs shall be in the cause
- Jurisdiction invoked
- Not stated in the judgment; request made under Order 10 Rule 6 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Magambo Thambo v Dickson Kirimi Ikiara, Dlaso Meru South/Maara Sub County & Attorney General (Environment & Land Case 87 of 2017) [2017] KEELC 1229 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1229/eng@2017-10-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.