[2020] KEHC 6343 (KLR)
The court found that, in the interest of justice, the plaintiff should be afforded an opportunity to be heard on the application to strike out the plaint before the court delivers its ruling. The court emphasized that the right to be heard is a fundamental principle and that denying the plaintiff this opportunity...
Source-derived case information.
- Citation
- [2020] KEHC 6343 (KLR)
- Parties
- Plaintiff: Francis Ndegwa Muhoro; Defendant: Ahmednasir M. Abdullahi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 91 of 2016
- Procedural Posture
- Civil Suit / Ruling on Application to Defer Delivery of Ruling
- Outcome
- application allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Right to Be Heard, Non Attendance of Counsel, Application to Strike Out, Adjournment, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ndegwa Muhoro
Plaintiff
Ahmednasir M. Abdullahi
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Defer Delivery of Ruling
Legal Issues
- 1 Whether the court should defer delivery of its ruling on the defendant's application to strike out the plaint, which was heard in the absence of the plaintiff's counsel.
- 2 Whether the plaintiff should be given an opportunity to be heard before the ruling is delivered.
- 3 Who should bear the costs occasioned by the non-attendance of the plaintiff's counsel.
Ratio Decidendi
The court found that, in the interest of justice, the plaintiff should be afforded an opportunity to be heard on the application to strike out the plaint before the court delivers its ruling. The court emphasized that the right to be heard is a fundamental principle and that denying the plaintiff this opportunity would be unjust. However, the court also held that it was fair for the plaintiff to bear the costs occasioned by the non-attendance of their counsel, which led to the court proceeding in their absence. Accordingly, the application to defer the ruling was allowed, and both parties were directed to fix a suitable date for the hearing, with costs awarded to the defendant for the...
Court Disposition
application allowed
Orders
- The application to defer delivery of the ruling is allowed.
- Both counsel to fix a convenient date for hearing the application to strike out the plaint.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL SUIT NO. 91 OF 2016
FRANCIS NDEGWA MUHORO........PLAINTIFF
VERSUS
AHMEDNASIR M. ABDULLAHI ...DEFENDANT
RULING
This is an application by way of Notice of Motion dated 14th November, 2019 for orders that the court defers delivery of its ruling relating to an application which was heard in the absence of counsel for the plaintiff. In that application dated 11th July, 2019 the defendant sought an order that the plaintiff’s plaint dted 24th March, 2016 be struck out.
On the date that application was listed for hearing, counsel for the plaintiff did not appear and therefore the court proceeded to hear counsel for the defendant. The present application is opposed by the defendant and a replying affidavit sworn on 2nd December, 2019 to that effect is on record. There is also a supplementary affidavit sworn by the counsel for the plaintiff on 6th December, 2019. Both parties have filed submissions to address this application. I do not deem it necessary to delve any deeper into the said submissions because I am persuaded in the interest of justice, the plaintiff should be heard in relation to the application to strike out the plaint before the pending ruling is delivered.
Accordingly, the application is allowed and both counsel shall take a convenient date suitable to both parties so that the plaintiff may be heard as prayed.
It is however only fair that the plaintiff pays the defendant costs occasioned by the non-attendance which led to the court to proceed in the absence of counsel.
Orders accordingly.
Dated, signed and delivered at Nairobi this 7th Day of May, 2020.
A. MBOGHOLI MSAGHA
JUDGE