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ELCPartially Allowed· [2021] KEELC 1068 (KLR)

Amanzee Investments (K) Ltd & 3 others v Manuchar Kenya Ltd [2021] KEELC 1068 (KLR)

Environment and Land Court of Kenya
9 November 2021
1,205 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Defendant/Applicant filed a notice of motion dated 14th April 2021 under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 1 Rule 10 and Order 50 Rule 6 of the Civil Procedure Rules in a suit brought by four Plaintiffs in 2017 claiming rent arrears, three months' rent in lieu of notice, costs of repairs for alleged damage to a warehouse on property CR 18602/1 leased to the Defendant between 2011 and 2016, compensation for economic loss, and utility charges. The Defendant sought a stay of proceedings pending assessment and payment of its withdrawn costs, an order compelling the 4th Plaintiff to grant access to the premises for inspection and preparation of structural and quantity surveyor reports, delivery of the 4th Plaintiff's certificate of incorporation, title document and building plans, striking out of the 1st Plaintiff's suit, extension of time to amend the Defence, and leave to enjoin Bubbles Logistics (E.A) Limited as a Third Party. The Plaintiffs opposed the application as frivolous, vexatious and an abuse of process, asserting the 4th Plaintiff's locus standi as registered leasehold owner. The court declined the stay, holding that costs can await the outcome of the suit; refused access to the premises since they had been leased to another tenant; declined to compel production of documents or witness statements as these lay in the respondents' discretion; and found no basis to strike out the 1st Plaintiff's suit. The only granted prayer was leave to join Bubbles Logistics (E.A) Limited as a Third Party, with the Defence to be amended within 14 days. Costs of the application were left in the cause.

Key legal issues

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01

Whether further proceedings should be stayed pending payment of withdrawn costs

Holding

The prayer for stay was refused as no valid reason was advanced.

Reasoning

The court held that the issue of costs could await the conclusion of the suit and that costs should not be used as a tool to delay justice. The Defendant had withdrawn its costs on the suit, but the court saw no basis for halting the proceedings on that account, finding the application on this point lacked merit.

p. 2
02

Whether the court should compel access to the suit premises for inspection

Holding

The prayer was refused because the premises had been leased to another tenant.

Reasoning

It emerged in submissions that the suit premises had already been leased to a third party. The court reasoned that the status quo had long changed, so granting the Defendant entry for inspection, photographing and measurement at that stage would serve no useful purpose. The prayer for access was therefore declined.

p. 2
03

Whether to compel production of documents and witness statements and strike out the 1st Plaintiff's suit

Holding

All these prayers were refused.

Reasoning

The court held that delivery of the certificate of incorporation and compelling the filing of witness statements were matters within the respondents' discretion which the court would not compel. It also found no reasons had been advanced to justify striking out the 1st Plaintiff's suit with costs.

p. 2
04

Whether leave should be granted to enjoin Bubbles Logistics (E.A) Limited as a Third Party

Holding

Leave was granted and the Defence was to be amended within 14 days.

Reasoning

This was the only successful prayer. The court allowed the Defendant to join Bubbles Logistics (E.A) Limited as a Third Party, recognising the Defendant's interest in bringing in a party allegedly responsible for the damage claims, and directed that the Defence be amended appropriately within 14 days.

p. 2

Legal principles established

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  • A party's claim to costs in a suit should not be used as a basis to stay proceedings and delay justice; costs can await the conclusion of the suit.

Court orders

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  1. 1.Leave granted to enjoin Bubbles Logistics (E.A) Limited as a Third Party to this suit
  2. 2.The Defence to be amended appropriately within the next 14 days
  3. 3.Costs of the application to be in the cause

Authorities

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Legislation

  • Civil Procedure ActSection 1A
  • Civil Procedure ActSection 1B
  • Civil Procedure ActSection 3
  • Civil Procedure ActSection 3A
  • Civil Procedure RulesOrder 1 Rule 10
  • Civil Procedure RulesOrder 50 Rule 6
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 1 Rule 10, Order 50 Rule 6 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Amanzee Investments (K) Ltd & 3 others v Manuchar Kenya Ltd [2021] KEELC 1068 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1068/eng@2021-11-09

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