[2000] KEHC 364 (KLR)

[2000] KEHC 364 (KLR)

The court found that the ex-parte orders made on 15th December, 1999 were a result of confusion or breakdown in communication, and that such orders are not ordinarily made on merit since the affected party has not had an opportunity to present its case. The court held that if the plaintiffs have a good case, they...

Source-derived case information.

Citation
[2000] KEHC 364 (KLR)
Parties
Plaintiff: David M. Kibinge & 2 Others; Defendant: Municipal Council of Thika
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 1493 of 1999
Procedural Posture
Civil Case / Ruling on Application to Set Aside Ex Parte Orders
Outcome
Ex-parte orders set aside; costs in the cause.
Legal Topics
Ex Parte Orders, Setting Aside Orders, Inter Partes Hearing
Source Language
en
Civil Procedure Ex Parte Orders Setting Aside Orders Inter Partes Hearing

Source-derived case record

Summary, issues, holding and outcome

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Parties

David M. Kibinge & 2 Others

Plaintiff

Municipal Council of Thika

Defendant

Procedural Posture

Civil Case / Ruling on Application to Set Aside Ex Parte Orders

Legal Issues

  1. 1 Whether the ex-parte orders made on 15th December, 1999 should be set aside to allow hearing inter-partes.
  2. 2 Whether the defendant was prejudiced by the breakdown in communication leading to the ex-parte orders.

Ratio Decidendi

The court found that the ex-parte orders made on 15th December, 1999 were a result of confusion or breakdown in communication, and that such orders are not ordinarily made on merit since the affected party has not had an opportunity to present its case. The court held that if the plaintiffs have a good case, they should not fear the setting aside of ex-parte orders so that the application may be heard inter-partes. Accordingly, the court set aside the ex-parte orders to ensure fairness and allow both parties to be heard.

Court Disposition

Ex-parte orders set aside; costs in the cause.

Orders

  • The orders made on 15th December, 1999 are hereby set aside.
  • Costs shall be in the cause.