Rajnikant Harjivandas Sangrajka & another v Kiatu & Allied Products Limited & another [2020] KEELC 3311 (KLR)
The bottom line
#A Kenyan court refused to rescue a land defendant who ignored deadlines and blamed its lawyers, letting judgment proceed against it.
What this practically means
#Executive summary
#Key legal issues
#Whether an ex-parte hearing should be set aside where a defendant blames a breakdown of communication with its advocates
The application was dismissed; a defendant given an opportunity to file a Defence who fails to follow up cannot have proceedings set aside
The court traced a chronology of the 1st Defendant engaging and firing successive firms of advocates since 2015. Having been allowed to file a Defence out of time in 2017 and never doing so, the 1st Defendant failed to demonstrate a plausible reason for setting aside the ex-parte proceedings. Reliance on advocate negligence was rejected per Said Sweilem and Ketteman.
Whether the absence of interlocutory judgment against the 2nd Defendant meant the suit was not ready for hearing
The contention was rejected as erroneous
The court held that interlocutory judgment under Order 10 Rules 4 and 6 may only be entered for liquidated claims or detention of goods, not for recovery of land. Therefore the 2nd Defendant's failure to enter appearance or file a Defence did not prevent the suit from proceeding to hearing.
Whether the court could reconsider whether the draft Defence raises triable issues
The court could not revisit that issue as it had already been determined in the Ruling of 24th November, 2017
Gitumbi J. had, in the Ruling of 24th November 2017, considered the 1st Defendant's proposed Defence and allowed it to be filed out of time. The Defence was never filed. The issue of triable issues was thus functus and the court declined to revisit it.
Legal principles established
#- Mistakes of a litigant's appointed advocates cannot be visited upon the other party or excuse non-compliance with court orders
- Interlocutory judgment cannot be entered in suits for recovery of land, only in liquidated claims or detention of goods
Court orders
#- 1.Dismissal of the 1st Defendant's Notice of Motion dated 10th December, 2019
- 2.Costs of the application to the Plaintiffs
- Jurisdiction invoked
- not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rajnikant Harjivandas Sangrajka & another v Kiatu & Allied Products Limited & another [2020] KEELC 3311 (KLR)", Case Analysis (2020). Machakos ELC Case (Plaint dated 9th April, 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3311/eng@2020-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.