[2020] KEHC 10256 (KLR)

[2020] KEHC 10256 (KLR)

The court found that it had inadvertently delivered a judgment on the originating summons for division of matrimonial property instead of ruling on the interlocutory application for injunction. No directions had been taken on the originating summons, and the parties had not been heard on the substantive suit. This...

Source-derived case information.

Citation
[2020] KEHC 10256 (KLR)
Parties
Applicant: MMM; Respondent: LOO
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 November 2020
Case Number
Civil Suit 6 of 2016
Procedural Posture
Civil Suit / Ruling on Application to Set Aside Irregular Judgment
Outcome
Judgment of 23rd October 2018 set aside as irregular; matter to be heard afresh before another judge.
Judges
AO Muchelule
Legal Topics
Matrimonial Property, Division of Property, Injunctions, Procedural Irregularity
Source Language
english
Family and Children Matrimonial Property Division of Property Injunctions Procedural Irregularity

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

MMM

Applicant

LOO

Respondent

Procedural Posture

Civil Suit / Ruling on Application to Set Aside Irregular Judgment

Legal Issues

  1. 1 Whether the judgment delivered on 23rd October 2018 was irregular due to a procedural mistake by the court.
  2. 2 Whether the irregular judgment should be set aside.

Ratio Decidendi

The court found that it had inadvertently delivered a judgment on the originating summons for division of matrimonial property instead of ruling on the interlocutory application for injunction. No directions had been taken on the originating summons, and the parties had not been heard on the substantive suit. This constituted a procedural irregularity attributable solely to the court. As a result, the judgment entered on 23rd October 2018 was irregular and was set aside to preserve the integrity of the proceedings and ensure fairness to both parties. The matter was directed to be heard afresh before another judge, with no order as to costs given the error was by the court.

Court Disposition

Judgment of 23rd October 2018 set aside as irregular; matter to be heard afresh before another judge.

Orders

  • The ruling/judgment entered on 23rd October 2018 is set aside.
  • No order as to costs.