Zamin Limited v Principal Secretary, State Department of Infrastructure & 4 others [2021] KEELC 3217 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to remove former directors from a land compensation suit because the claim against them was clearly stated in the pleadings.
What this practically means
#Executive summary
#Key legal issues
#Whether a cause of action is disclosed against the 4th and 5th defendants
A cause of action is disclosed because the plaint contains a specific prayer (prayer (f)) directed at the 4th and 5th defendants seeking compensation if it is proved they obtained the suit land unlawfully.
The court examined the plaint and found prayer (f) expressly directed at the applicants. The applicants' view that the claim is frivolous, vexatious and an abuse of process does not negate the existence of a cause of action. Whether the plaintiff stands any chance of success can only be determined after hearing the plaintiff's case and analysing the evidence and law, not on a striking-out application.
Whether it is fair to summarily strike out the claim against the applicants at the interlocutory stage
It would be drastic and unfair to strike out the plaintiff's case without first hearing it; the applicants will have an opportunity to ventilate their defences, including any limitation defence, at trial.
The court held the plaintiff ought to be allowed to have her case heard to its logical conclusion. The applicants raised matters such as limitation and the commercial nature of the sale, but these are matters for trial. No prejudice would be caused to the applicants if the plaintiff were allowed to proceed, since they can demonstrate at trial that the plaintiff has no case against them.
Legal principles established
#- A party cannot be struck out of a suit where the plaint contains a specific prayer directed at that party, since that demonstrates a cause of action; the merits or weakness of the claim can only be determined after trial.
Court orders
#- 1.The notice of motion application dated and filed on 27 October 2020 by the 4th and 5th defendants is dismissed with costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a dispute relating to land (suit land Mombasa/MS/Block 1/1677); no specific constitutional or statutory provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zamin Limited v Principal Secretary, State Department of Infrastructure & 4 others [2021] KEELC 3217 (KLR)", Case Analysis (2021). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3217/eng@2021-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.