Unilever Tea Kenya Limited v Andrew Cheruiyot Rotich & 3 others [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
2
Explore the case summary of Unilever Tea Kenya Limited v Andrew Cheruiyot Rotich & 3 others [2020] eKLR, detailing key legal points and implications for corporate liability and employment disputes.

Case Brief: Unilever Tea Kenya Limited v Andrew Cheruiyot Rotich & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Unilever Tea Kenya Limited v. Andrew Cheruiyot Rotich et al.
- Case Number: ELC CASE NO. 14 OF 2020
- 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 central legal issues for resolution in this case include:
- Whether the plaintiff's suit constitutes an abuse of the court process due to reliance on a fraudulent title.
- Whether the suit seeks to legitimize a non-existent title.
- The applicability of the principle of public policy, specifically the doctrine of ex dolo malo non oritur actio (no action arises from deceit).

3. Facts of the Case:
The plaintiff, Unilever Tea Kenya Limited, claims ownership of land parcel L.R NO 9932/4, IR NO 83722. Conversely, the defendants (Andrew Cheruiyot Rotich, Christopher Kiplagat Tuitoek, Henry Kimaiyo Rotich, and Francis Kipkogei Kemboi) assert ownership of the same parcel under a different title, L.R NO 31892. The dispute arises from allegations that both parties obtained their titles illegally, with the defendants accusing the plaintiff of attempting to legitimize a fraudulent title.

4. Procedural History:
The defendants filed a Notice of Preliminary Objection on May 14, 2020, asserting that the plaintiff's suit was abusive and based on a non-existent title. The objection was argued through written submissions, with the defendants claiming the plaintiff's title was fraudulently obtained. The plaintiff countered that the objection was based on factual disputes requiring trial evidence. The court noted procedural missteps by the defendants in raising the objection before filing a defense.

5. Analysis:
- Rules: The court considered the principles governing preliminary objections, particularly from the Mukisa Biscuit Manufacturing Co Ltd v. West End Distributors Ltd case, which stipulates that such objections must be based on pure points of law and undisputed facts.
- Case Law: The court referenced Achola & Another v. Hongo & Another, where the failure to plead a defense barred the raising of a preliminary objection. It also cited other cases emphasizing the right to be heard on the merits.
- Application: The court found that the defendants had not filed a defense and were disputing the material facts of the plaintiff's claim. Given the contested nature of the facts, the objection was deemed inappropriate. The court emphasized its commitment to hearing matters on their merits, leading to the dismissal of the defendants' objection.

6. Conclusion:
The court ruled in favor of the plaintiff, dismissing the preliminary objection filed by the defendants. This decision underscores the necessity for parties to allow factual disputes to be resolved through trial rather than preemptively dismissing claims based on objections.

7. Dissent:
No dissenting opinions were noted in this ruling.

8. Summary:
The ruling in *Unilever Tea Kenya Limited v. Andrew Cheruiyot Rotich et al.* serves as a critical reminder of the procedural requirements for raising preliminary objections in civil cases. The court's dismissal of the defendants' objection emphasizes the importance of allowing disputes to be fully heard and determined on their merits, reflecting a commitment to justice and fair legal process.

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