[2008] KEHC 2312 (KLR)
The court found that proceeding to judgment in the absence of the respondents' submissions would not serve justice, as the respondents had not agreed to the appeal being heard by way of written submissions and had not filed any submissions. Therefore, the order for written submissions was set aside to ensure that...
Source-derived case information.
- Citation
- [2008] KEHC 2312 (KLR)
- Parties
- Appellant: Co-operative Bank of Kenya; Respondent: Millicent Gathoni Kabia; Respondent: 3 Others
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 29 of 2004
- Procedural Posture
- Civil Appeal / Ruling on Directions for Hearing
- Outcome
- Order for written submissions set aside; appeal to proceed for hearing afresh.
- Judges
- MM Kasango
- Legal Topics
- Appeal Procedure, Written Submissions, Right to Be Heard
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Co-operative Bank of Kenya
Appellant
Millicent Gathoni Kabia
Respondent
3 Others
Respondent
Procedural Posture
Civil Appeal / Ruling on Directions for Hearing
Legal Issues
- 1 Whether the appeal could be justly determined in the absence of respondents' submissions.
- 2 Whether the order for written submissions should be set aside due to lack of agreement by all parties.
Ratio Decidendi
The court found that proceeding to judgment in the absence of the respondents' submissions would not serve justice, as the respondents had not agreed to the appeal being heard by way of written submissions and had not filed any submissions. Therefore, the order for written submissions was set aside to ensure that all parties have a fair opportunity to be heard, and the appeal was ordered to proceed for hearing afresh.
Court Disposition
Order for written submissions set aside; appeal to proceed for hearing afresh.
Orders
- The order of 14th April 2008 for written submissions is set aside.
- The appeal shall proceed for hearing afresh.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Appeal 29 of 2004
CO-OPERATIVE BANK OF KENYA ………….……… APPELLANT
VERSUS
MILLICENT GATHONI KABIA & 3 OTHERS …... RESPONDENTS
RULING
Directions were sought on the hearing of this appeal. When the matter came up for directions on 4th March 2008 the appellant was represented and also the 1st and 2nd respondent. The court directed that the appeal be heard in Nyeri. The matter was adjourned to 14th April 2008 for parties to indicate whether they were in agreement with the appeal proceeding by way of written submission. On 14th April 2008 only the Appellant’s counsel was before court. He indicated to the court that he will do written submission within that day. The court then gave a date of judgment of the appeal to be 5th June 2008. On 5th June 2008 the judgment was adjourned to 30th June 2008. As I began to consider this appeal it became apparent that the respondents were not in agreement with the appeal being heard by way of written submissions. Indeed the only submissions on record are by the appellant. That being the case justice will not be served by delivering judgment in the absence of submissions of the respodnet. This court therefore sets aside the order of 14th April 2008 and orders that this appeal do proceed for hearing afresh.
Dated and delivered at Nyeri this 30th day of June 2008.
MARY KASANGO
JUDGE