[2005] KEHC 2244 (KLR)
The court found that there was no affidavit of service showing that the respondent's application to dismiss the main application was served upon the applicant or his advocates. Only a hearing notice was served, which is insufficient. As a result, it was improper for the court to have allowed the application to be...
Source-derived case information.
- Citation
- [2005] KEHC 2244 (KLR)
- Parties
- Applicant: George S. Ngombo; Respondent: The Disciplinary Committee of the Law Society of Kenya
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 46 of 2001
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling on Service of Application
- Outcome
- Application to dismiss the main application set aside; respondent ordered to serve application afresh.
- Legal Topics
- Judicial Review, Service of Process, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George S. Ngombo
Applicant
The Disciplinary Committee of the Law Society of Kenya
Respondent
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Service of Application
Legal Issues
- 1 Whether the respondent's application to dismiss the main application was properly served upon the applicant or his advocates.
- 2 Whether it was proper for the court to have heard the respondent's application ex-parte in the absence of evidence of service.
Ratio Decidendi
The court found that there was no affidavit of service showing that the respondent's application to dismiss the main application was served upon the applicant or his advocates. Only a hearing notice was served, which is insufficient. As a result, it was improper for the court to have allowed the application to be argued ex-parte. The court therefore ordered that the respondent must serve its application dated 9th April 2003 upon the applicant's advocates and thereafter list it for hearing afresh, ensuring compliance with the rules of natural justice and procedural fairness.
Court Disposition
Application to dismiss the main application set aside; respondent ordered to serve application afresh.
Orders
- The respondent shall serve its application dated 9th April 2003 upon the applicant's advocates.
- The application shall thereafter be listed for hearing afresh.
Full Case Text
Judgment text and source record
4 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA Misc Appli 46 of 2001 IN THE MATTER OF: AN APPLICATION BY GEORGE S. NGOMBO FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ………………………..……………. APPLICANT A N D IN THE MATTER OF: THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY OF KENYA …………………………. RESPONDENT R U L I N G
In the course of perusing this file to prepare a ruling on the Respondent’s application seeking to dismiss the Applicant’s main application in this matter, I have been unable to trace any affidavit of service showing that the application itself was served upon the Applicant or his advocates. What there is is an affidavit of service showing that a hearing notice for 16th June 2005 was served upon counsel for the Applicant. Had I noticed this earlier I could not have allowed the application to be argued ex-parte. In the circumstances I order that the Respondent serves its application date the 9th April 2003 upon the Applicant’s advocates and thereafter list it for hearing afresh.
DATED and delivered this 17th day of June 2005.
D.K. MARAGA JUDGE