Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the judgment (suit filed by Plaint dated 12th March 2015)· [2025] KEELC 1038 (KLR)

Jambo Holdings Limited v Double Clean Limited & 6 others (Environment and Land Case Civil Suit 219 of 2015) [2025] KEELC 1038 (KLR)

Environment and Land Court
6 March 2025
2,861 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court refused to let defendants reopen a decade-old land case, ruling their request was settled and unfairly late.

What this practically means

#

Executive summary

#
This is a ruling of the Environment and Land Court at Nairobi (O. A. Angote J) on a Notice of Motion dated 8th May 2024 filed by the 3rd Defendant under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules 2010. The 1st to 3rd Defendants sought leave to re-join Guaranty Trust Bank (Kenya) Limited (the former 6th Defendant) as an interested party, to obtain typed proceedings and copies of pleadings, to reopen the Plaintiff's case, to cross-examine the Plaintiff's witnesses, and to comply with Order 11 by filing additional documents. The application was supported by an affidavit of their advocate, Peter Mwenda Njagi, who claimed the Defendants had been inadequately represented before his firm took over on 31st May 2023. The Plaintiff opposed through a Replying Affidavit sworn by its director, Rimal Rameshchandra Sira, contending that the application was res judicata, misleading, and designed to delay a Defence hearing fixed for 9th May 2024. The court framed four issues. It held that the prayers to reopen the Plaintiff's case and cross-examine the Plaintiff's witnesses were res judicata, having been declined by the court on 29th February 2024. Re-joinder of the 6th Defendant was refused because Obaga J had settled that question in a Ruling dated 18th November 2021, and the bank's legal officer had already testified as PW2 on 7th November 2023. Leave for typed proceedings and copies of pleadings was unnecessary, being administrative processes. Leave to file additional documents was refused as it would prejudice the Plaintiff and the suit had been pending for ten years. The application was dismissed with costs.

Key legal issues

#
01

Whether the application is res judicata

Holding

The prayers to reopen the Plaintiff's case and cross-examine the Plaintiff's witnesses are res judicata, having been declined by the court on 29th February 2024; the remaining prayers were not previously determined

Reasoning

Under Section 7 of the Civil Procedure Act, courts are barred from re-litigating issues between the same parties under the same title that have been finally determined. The doctrine applies to applications as well as suits. On 29th February 2024 the court expressly declined to reopen the Plaintiff's case when the Defendants' counsel sought time to recall witnesses. Revisiting that issue would offend the principle of finality, although the other prayers in the application remained for determination.

p. 4
02

Whether the 6th Defendant should be re-joined as an interested party

Holding

Refused; the question was settled by Obaga J's Ruling of 18th November 2021 and a bank legal officer already testified as PW2

Reasoning

The 6th Defendant was struck out by Obaga J on 18th November 2021 after the Plaintiff declined to oppose the application, on the basis that no relief was sought against it and that its representative could explain the charge as a witness. Indeed, the bank's legal officer testified as PW2 on 7th November 2023, after the current advocates came on record and with the hearing date given in their presence. The failure to cross-examine was wholly attributable to the Defendants' current advocates, and rejoinder would be superfluous.

p. 5
03

Whether leave is required for typed proceedings and copies of pleadings

Holding

No leave is required; these are administrative processes handled through the registry

Reasoning

Obtaining typed proceedings and copies of pleadings are registry administrative functions. Counsel need only write to the Deputy Registrar, upload the request to the Case Filing System, pay the requisite fee of Kshs. 1,000 for typed proceedings, and have the letter processed by the registry. There is no judicial discretion involved in either process, rendering those prayers unnecessary and properly refused as framed.

p. 6
04

Whether leave to comply with Order 11 and file additional documents should be granted

Holding

Refused; no satisfactory basis for the exercise of discretion and prejudice would be visited on the Plaintiff

Reasoning

The request came after the Plaintiff had closed its case and after the court had declined to reopen the case. Allowing the Defendants to introduce additional documents and witness statements at that late stage would prejudice the Plaintiff because its witnesses could not speak to the documents. The suit has been pending for about ten years, and the Defendants and their advocates had sullied hands through unexplained delays, laches, misrepresentation and abuse of court process.

p. 6

Legal principles established

#
  • The doctrine of res judicata applies not only to suits but also to applications; an issue already determined by the court cannot be revisited
  • A court may allow joinder of a party at any stage of the proceedings under Order 1 Rule 10(2) of the Civil Procedure Rules
  • A party need not seek leave of the court to obtain typed proceedings or copies of pleadings; these are administrative processes handled through the registry
  • The mistake or negligence of counsel cannot be relied upon to reopen a case where the litigants and counsel squandered their opportunity, particularly in light of the clean hands doctrine

Court orders

#
  1. 1.The application dated May 8, 2024 is dismissed with costs

Authorities

#

Legislation

  • Civil Procedure ActSection 1A, 1B and 3A
  • Civil Procedure ActSection 7
  • Civil Procedure Rules 2010Order 51
  • Civil Procedure Rules 2010Order 1 Rule 10(2)
  • Civil Procedure Rules 2010Order 11

Cases cited (1)

  • Kennedy Mokua Ongiri vs John Nyasende Mosioma & Florence Nyamoita Nyasende
    [2022] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jambo Holdings Limited v Double Clean Limited & 6 others (Environment and Land Case Civil Suit 219 of 2015) [2025] KEELC 1038 (KLR)", Case Analysis (2025). Not stated in the judgment (suit filed by Plaint dated 12th March 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1038/eng@2025-03-06

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