Shepherd Catering Limited v Nairobi Holdings Limited & 2 others [2023] KEELC 19015 (KLR) | Adjournment Of Proceedings | Esheria

Shepherd Catering Limited v Nairobi Holdings Limited & 2 others [2023] KEELC 19015 (KLR)

Full Case Text

Shepherd Catering Limited v Nairobi Holdings Limited & 2 others (Environment & Land Case 359 of 2004) [2023] KEELC 19015 (KLR) (17 July 2023) (Ruling)

Neutral citation: [2023] KEELC 19015 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 359 of 2004

LN Mbugua, J

July 17, 2023

Between

Shepherd Catering Limited

Plaintiff

and

Nairobi Holdings Limited

1st Defendant

Chief Land Registrar Of Titles

2nd Defendant

Steel Son Limited

3rd Defendant

Ruling

1. This ruling relates to the application made by counsel for plaintiff in the main suit to have the suit adjourned on the grounds that. They need to file a defence to the counterclaim, that; they need leave to appeal today’s ruling and that they need to file an application for stay of proceedings.

2. I have perused the record. I find that in the court’s ruling dated February 23, 2023, the court allowed the 1st defendant in the counterclaim to file their defence to the counterclaim and any documentary evidence by March 24, 2023. This order was not complied with.

3. Nevertheless, I have taken into consideration that in the said ruling of February 23, 2023, the court proceeded to entertain a pleading filed more than 17 years after the suit was filed. The same was dated May 15, 2020. What is good for the goose is good for the godder. Thus I will grant the 1st defendant in the counterclaim a final chance to file and serve their defence.

4. I decline to grant any orders on the issue of stay. I proceed to give the following orders:1. The 1st defendant (now only defendant) in the counterclaim is granted 14 days (by 1. 8.2023) to file and serve their statement of defence to the Amended defence and counterclaim, witness statements and documentary evidence failure to which the matter shall proceed as an undefended counter claim.2. The plaintiff in the counter claim is directed to file /serve any reply to defence by August 14, 2023, along with their witness statements, and documentary evidence.3. Leave to appeal against the ruling delivered on July 17, 2023 is hereby granted.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 17TH DAY OF JULY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Angwenyi holding brief for Magere for PlaintiffC. Kihara for 3rd Defendant