Case ID:167336

Southdown Developers Limited & 2 others v Kenya National Capital Corporation Limited; Haithar Haji Abdi & another (Applicant/Aggrieved Parties); Oceania Investment Limited & another (Interested Parties) [2020] eKLR

Case Metadata

Case Number:

Civil Suit 1181 of 1992 & 6054 of 1991 (Consolidated)

Parties:

Southdown Developers Limited, Haithar Haji Abdi & Abdi Rahimaithar Haji v Kenya National Capital Corporation Limited; Haithar Haji Abdi & Abdi Rahimaithar Haji (Applicant/Aggrieved Parties); Oceania Investment Limited & Avic International Project (K) Limited

Date Delivered:

01 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Joseph Kiplagat Sergon

Citation:

Southdown Developers Limited & 2 others v Kenya National Capital Corporation Limited; Haithar Haji Abdi & another (Applicant/Aggrieved Parties); Oceania Investment Limited & another (Interested Parties) [2020] eKLR

Court Division:

Civil

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

MILIMANI LAW COURTS

CIVIL SUIT NO. 1181 OF 1992

SOUTHDOWN DEVELOPERS LIMITED............................................PLAINTIFF

-VERSUS-

KENYA NATIONAL CAPITAL CORPORATION LIMITED..........DEFENDANT

AND

HAITHAR HAJI ABDI ............................1

ST

APPLICANT/AGGRIEVED PARTY

ABDI RAHIMAITHAR HAJI..................2

ND

APPLICANT/AGGRIEVED PARTY

OCEANIA INVESTMENT LIMITED..........................1

ST

INTERESTED PARTY

AVIC INTERNATIONAL PROJECT (K)

LIMITED.......................................................................2

ND

INTERESTED PARTY

CONSOLIDATED WITH

CIVIL SUIT NO. 6054 OF 1991

HAITHAR HAJI ABDI..................................................................1

ST

PLAINTIFF

ABDI RAHIMAITHAR HAJI.......................................................2

ND

PLAINTIFF

-VERSUS-

KENYA NATIONAL CAPITAL CORPORATION LIMITED.......DEFENDANT

RULING ON DIRECTIONS

1) The matter was placed before this court to issue directions on

the motion dated 20

th

November 2020. The aforesaid motion is taken out by Hithari Haji Abdi and Abdi Rahimarthar Haji, the 1

st

and 2

nd

Interested Parties herein.

2) Mr. Oyatsi who appeared on behalf of the applicants, urged this

court to certify the motion as urgent and to further list it for interpartes hearing on priority basis. The applicants also asked this court to direct the motion to be disposed of by written submissions and further grant the applicant leave to file an affidavit of service to answer the allegations made by the respondents that they were not served with the motion dated 17.1.2020.

3) Mr. Ondieki, learned advocate for Kenya National Capital

Corporation Ltd, the defendant herein, urged this court not to certify the applicants’ motion as urgent. He pointed out that the application for review was in respect of a ruling delivered in the year 2003. The defendant’s advocate sought for 14 days to enable it file a response to the applicants’ motion. The learned advocate was not averse to have the aforesaid motion disposed of by written submissions.

4) Mr. Ayieko, learned advocate for Southdown Developers Ltd, the

plaintiff herein, stated that it did not participate in the motion dated 17.1.2020 which gave rise to this court’s ruling delivered on 13.11.2020 because it was not served upon it. The plaintiff stated that it needed 14 days to file a response to the instant motion.

5) Mr. Chege, learned advocate for the 1

st

and 2

nd

Interested

Parties stated that his clients did not participate in the motion dated 17.1.2020 because the same was not served upon the Interested Parties.

6) Having considered the rival oral submissions, it is apparent that

there is no dispute that there is need to allow the respondents to respond to the motion dated 20/11/2020. They have each asked to be given 14 days to do so. The other proposal which was not opposed is the request to have the matter disposed of by written submissions.

7) The plaintiff, the defendant and the Interested Parties urged

this court not to certify the motion dated 20.11.2020 as urgent since the same seeks to review a ruling which arose out an application which had sought to inter alia declare the ruling delivered on 15.10.2003 as null and void.

8) A careful perusal of the motion and the supporting and the

further affidavit shows that the motion dated 20.11.2020 is urgent since it seeks to stay the execution of certain judgments and decrees issued by various courts. I am convinced there is need to certify the same as urgent.

9) In the end, I make the following orders and directions:

i. The motion dated 20.11.2020 is certified urgent hence it should be heard on priority basis.

ii. The respondents namely:

a) The plaintiff,

b) The defendant and

c) The 1

st

and 2

nd

Interested Parties are given 14 days to file and serve their responses to the aforesaid motion.

iii. The 1

st

and 2

nd

applicants are granted leave to file their affidavit of service evidencing service of the motion dated 17.1.2020.

iv. The motion dated 20.11.2020 to be disposed of by written submissions.

a) The applicants to file and serve written submission within 14 days from the date of service by the respondents of their responses to the instant motion.

b) The respondents to have 14 days from the date of service by the applicants to file and serve written submissions.

v. Mention on 18

th

January 2021 before the duty Judge to confirm compliance.

vi. Ruling on the motion dated 20.11.2020 to be delivered on 5/3/2021.

Dated, Signed and Delivered online via Microsoft Teams at Nairobi this 1

st

day of December, 2020.

............................

J. K. SERGON

JUDGE

In the presence of:

………………………………… for the Plaintiff

………………………………… for the Defendant

………………………………... for the 1

st

and 2

nd

Applicants

………………………………… for the 1

st

Interested Party

……………………………….. for the 2

nd

Interested Party