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ELCOtherNot stated in the judgment· [2024] KEELC 630 (KLR)

Kirioba v Odida & 4 others (Environment & Land Case 1510 of 2014) [2024] KEELC 630 (KLR)

High Court of Kenya (court not expressly stated on the judgment as supplied)
7 February 2024
LMLucy N. Mbugua
215 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This short ruling by Lucy N. Mbugua, J, delivered at Nairobi on 7 February 2024, determines an application by counsel for the 7th Defendant seeking the setting aside of an interlocutory judgment entered more than 20 years earlier. The plaintiff opposed, contending that the rules of procedure do not envisage setting aside a judgment of such vintage. The court held that Order 10 rules 4, 6, 9 and 10 of the Civil Procedure Rules do not envisage entry of interlocutory judgment in non-liquidated claims, citing Peter Karanja Kamani v Isaac Mwangi Kimani [2018] eKLR and Beatrice Wanjiru Kamuri v John Kibira Muiruri [2016] eKLR. Rather than setting the judgment aside outright, the court crafted a pragmatic middle course: the interlocutory judgment stands but applies only to liquidated claims, while the 7th Defendant is permitted to tender evidence on the non-liquidated claims. The practical effect is that the stale judgment is preserved in part and the defendant granted an opportunity to be heard on unquantified aspects of the claim. No costs order was made and no orders as to costs appear in the disposition.

Key legal issues

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01

Whether interlocutory judgment can stand in respect of non-liquidated claims

Holding

Interlocutory judgment cannot properly be entered in non-liquidated claims; the existing judgment survives only as to liquidated claims and the 7th Defendant may defend the non-liquidated aspects

Reasoning

Counsel for the 7th Defendant sought setting aside of an interlocutory judgment entered over 20 years ago; the plaintiff opposed on the ground that procedure does not envisage such a move after so long. The court, relying on Order 10 rules 4, 6, 9 and 10 of the Civil Procedure Rules and two High Court authorities, held that interlocutory judgment is unavailable for non-liquidated claims. It preserved the judgment for liquidated claims only and permitted the 7th Defendant to give evidence on the non-liquidated claims.

p. 1

Legal principles established

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  • The Civil Procedure Rules do not envisage entry of interlocutory judgment in non-liquidated claims

Court orders

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  1. 1.The interlocutory judgment entered several years ago shall not be set aside but shall only apply to liquidated claims
  2. 2.The 7th Defendant is allowed to tender his evidence in so far as it makes reference to non-liquidated claims
Jurisdiction invoked
Inherent jurisdiction and Order 10 rules 4, 6, 9 and 10 of the Civil Procedure Rules (provision not expressly pleaded in the short judgment)

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, "Kirioba v Odida & 4 others (Environment & Land Case 1510 of 2014) [2024] KEELC 630 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/630/eng@2024-02-07

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