Case ID:184730
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Mary Nungari Ndurungi & another v Paul Ndung’u & 4 others [2021] eKLR
Case Metadata
Case Number:
Civil Case 2 of 2020
Parties:
Mary Nungari Ndurungi & Denis Ndinu Ndurungi (Suing as the legal representatives of the Estate of Alex Karanja Ndung’u (Deceased) v Paul Ndung’u, Simon Wamwaki Ithuthu, Paul Ng’ang’a Ngugi, Joseph Kinyanjui Kuria & Lilian Njoki Muhoro
Date Delivered:
04 Nov 2021
Case Class:
Civil
Court:
High Court at Kiambu
Case Action:
Ruling
Judge(s):
Mary Muhanji Kasango
Citation:
Mary Nungari Ndurungi & another v Paul Ndung’u & 4 others [2021] eKLR
Advocates:
For the Plaintiffs: Mr. Kabugu
Court Division:
Civil
County:
Kiambu
Advocates:
For the Plaintiffs: Mr. Kabugu
History Advocates:
One party or some parties represented
Case Outcome:
Plaint ordered
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 KIAMBU
CIVIL CASE NO. 2 OF 2020
BETWEEN
1. MARY NUNGARI NDURUNGI
2. DENIS NDINU NDURUNGI
(suing as the legal representatives of the Estate of)
ALEX KARANJA NDUNG’U (DECEASED)...................................PLAINTIFFS
VERSUS
PAUL NDUNG’U.......................................................................1
ST
DEFENDANT
SIMON WAMWAKI ITHUTHU.............................................2
ND
DEFENDANT
PAUL NG’ANG’A NGUGI......................................................3
RD
DEFENDANT
JOSEPH KINYANJUI KURIA.................................................4
TH
DEFENDANT
LILIAN NJOKI MUHORO.....................................................5
TH
DEFENDANT
RULING
1. The plaintiffs filed this claim against the five defendants who failed to file their appearance or defence within the prescribed time. Indeed, none of those documents have so far been filed by the defendants.
2. On the plaintiffs’ application, interlocutory judgment was entered against the defendants on 10
th
February, 2021 for the default of filing an appearance and defence.
3. The plaintiffs formally proved their case on 20
th
September, 2021. Today, this Court was expected to deliver its judgment. Judgment has however not been prepared in this matter because the documents the plaintiffs rely upon in proof of special damages are illegible. This Court is unable to determine whether the plaintiffs have, as required proved the claim for special damages. The requirement was restated in the case
JACKSON MWABILI VS. PETERSON MULELI (2020) eKLR
as follows:-
“37. And in
DAVID BAGINE V MARTIN BUNDI
(
283 of 1996) [1997] eKLR
, the Court of Appeal, referred to the judgment by
Lord Goddard CJ
in
BONHAN CARTER V HYDE PARK HOTEL LIMITED
[1948] 64 TLR 177),
and again observed that:-
‘It is trite law that the Plaintiff must understand that if they bring actions for damages, it is for them to prove damage. It is not enough to note down the particulars and, so to speak, throw them at the head of the court saying ‘this is what I have lost’, I ask you to give me these damages; they have to prove it.’”
4. At the reading of this Ruling, the plaintiffs will be required to state whether legible documents proving special damages will be supplied to the court to enable the court prepare its judgment.
RULING DATED AND DELIVERED AT KIAMBU THIS 4TH DAY OF NOVEMBER, 2021.
MARY KASANGO
JUDGE
Coram:
COURT ASSISTANT : NANCY
FOR THE PLAINTIFFS: MS. THUKU H/B MR. KABUGU
FOR THE 1ST DEFENDANTS : NO APPEARANCE
COURT
RULING DELIVERED VIRTUALLY.
MARY KASANGO
JUDGE