Express Automobile Kenya Limited v Kenya Farmers Association Limited & another [2020] eKLR Case Summary

Court
Environment and Land Court at Kericho
Category
Civil
Judge(s)
A. K. Kaniaru
Judgment Date
October 12, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Express Automobile Kenya Limited v Kenya Farmers Association Limited & another [2020] eKLR. Gain insights into the judgment's implications and key legal principles.

Case Brief: Express Automobile Kenya Limited v Kenya Farmers Association Limited & another [2020] eKLR

1. Case Information:
- Name of the Case: Express Automobile Kenya Limited v. Kenya Farmers Association Limited & Others
- Case Number: ELC NO. 13 OF 2009
- Court: Environment and Land Court at Kericho
- Date Delivered: October 12, 2020
- Category of Law: Civil
- Judge(s): A. K. Kaniaru
- Country: Kenya

2. Questions Presented:
The court must resolve the following legal issues:
- Whether judgment on admission should be entered against the 1st and 2nd defendants.
- Whether the defense of the 3rd defendant should be struck out.
- Whether the application lacks merit and should be dismissed.

3. Facts of the Case:
The plaintiff, Express Automobile Kenya Limited, initiated the suit against the defendants: Kenya Farmers Association Limited (1st defendant), Life Wood Auctioneers Ltd (2nd defendant), and Cad Motors Ltd (3rd defendant). The plaintiff alleged that the defendants illegally distrained for rent, causing loss and damage. The application included claims of admissions made by the defendants regarding the lease agreement and the distress for rent. The 1st defendant countered that the plaintiff had defaulted on rent payments and denied any illegal actions. The 3rd defendant, who claimed to be an innocent tenant, argued that there was no privity of contract with the plaintiff.

4. Procedural History:
The application was filed on April 28, 2020, and included six prayers, with prayers 1 and 2 later deemed moot. The court considered the responses from the defendants, which argued that the plaintiff was a vexatious litigant and that the application lacked merit. The plaintiff filed a supporting affidavit to counter the defendants' claims. The case progressed through written submissions from all parties, with the plaintiff citing various legal precedents to support their position.

5. Analysis:
- Rules: The court considered Order 13 of the Civil Procedure Rules, which allows for judgment on admission when a party admits the truth of the case of another party. The court emphasized that such judgments are discretionary and should only be granted in clear cases of admission.
- Case Law: The court referenced several cases, including *Cassam v. Sachania* (1982) KLR 191 and *Momanyi v. Hatimy & Another* (2003) 2 EA 600, which highlight the need for clear and unequivocal admissions for judgment to be entered without a trial. The court also noted the importance of allowing defendants to present their case unless there are no triable issues.
- Application: The court found that the defendants did not make any clear admissions regarding the legality of the distress for rent. The language used in their defenses indicated a denial of wrongdoing. The court also determined that the 3rd defendant raised valid triable issues that warranted a full trial, rejecting the plaintiff's request to strike out the defense.

6. Conclusion:
The court dismissed the application for judgment on admission and the request to strike out the defense of the 3rd defendant. The ruling underscored the necessity of allowing a full trial to resolve the disputes and the importance of clear admissions for summary judgments. The court awarded costs to all three defendants.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The case of *Express Automobile Kenya Limited v. Kenya Farmers Association Limited & Others* highlights the court's careful consideration of admissions and the discretion involved in entering judgments without a trial. The ruling reinforces the principle that parties must be allowed to defend their cases, particularly when triable issues are present. The decision has implications for future cases involving claims of distress for rent and the standards for summary judgments in civil proceedings.

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