Case ID:160437

Vlan Construction Limited v Rama Homes Limited [2020] eKLR

Case Metadata

Case Number:

Civil Case E 341 of 2019

Parties:

Vlan Construction Limited v Rama Homes Limited

Date Delivered:

25 Jun 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Case Action:

Ruling

Judge(s):

Mary Muhanji Kasango

Citation:

Vlan Construction Limited v Rama Homes Limited [2020] eKLR

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

COMMERCIAL AND ADMIRALTY DIVISION

CIVIL CASE NO. E 341 OF 2019

VLAN CONSTRUCTION LIMITED

...........................PLAINTIFF

-

VERSUS -

RAMA HOMES LIMITED

...................................... DEFENDANT

RULING

1. I am hard pressed to refer to this as a Ruling. What is before me in the form of an application, Notice of Motion dated 21

st

February 2020, is nothing short of an abuse of the court process.

2. This court by a Ruling dated 14

th

November 2019 decline to grant prayers sought by VLan Construction Ltd, the Plaintiff, in the Notice of Motion application dated 7

th

October 2019. The plaintiff sought various injunctive orders, by that application, seeking to restrain Rama Homes Limited (the defendant) from engaging another sub-contractor until joint inspection was conducted; to restrain the defendant from interfering or removing the plaintiff’s machinery, equipment and construction material until joint inspection was conducted and; to restrain the defendant from hiring or engaging another sub-contractor until joint inspection was done.

3. It is not denied that the plaintiff and defendant entered into a contract for main structure works of a development called Jumeirah Heights. The plaintiff was the sub-contractor and the defendant was the employer. The defendant alleges the plaintiff breached the contract and failed to complete construction. When the defendant inquired of the delay, the defendant alleges the plaintiff voluntarily vacated the site.

4. After hearing the plaintiff’s injunction application dated 7

th

October 2019 this court by its Ruling of 14

th

November 2019 dismissed that application.

5. The plaintiff filed yet another application subject of this Ruling dated 21

st

February 2020. The prayers in that application are convoluted and inept. There is no other way of describing them. They partly seek orders in relation to plaintiff’s machinery which is allegedly held by the defendant which was decided by this court by its Ruling of 14

th

November 2019. It also seek orders in relation to a matter,

Misc. Appl. No. E 633 of 2019 VLAN CONSTRUCTION LTD V RAMA HOMES LTD

, which matter is under the conduct of

Justice W. A. Okwany

.

6. The application dated 21

st

February 2020, without further ado

will be dismissed because seeking to relitigate the issue of machinery is an abuse of court process and the issue is res judicata and seeking to litigate about consent entered in Misc Appl. No. E 633 of 2019, in this file is fatal. The application is frivolous.

CONCLUSION

7. The application dated 21

st

February 2020 is dismissed. The status quo order issued on 28

th

February 2020 is vacated. At the reading of this Ruling a date for Case Management Conference will be fixed before me.

DATED, SIGNED

and

DELIVERED

at

NAIROBI

this

25

TH

day of

JUNE

2020.

MARY KASANGO

JUDGE

Before Justice Mary Kasango

C/A Sophie

For the Plaintiff:

For the Defendant:

ORDER

This decision is hereby virtually delivered this

25

TH

day of

June, 2020.

MARY KASANGO

JUDGE