Mutwa & 2 others v Mutembei & 2 others (Civil Appeal E038 of 2025) [2026] KEHC 5855 (KLR) (30 April 2026) (Judgment)

Mutwa & 2 others v Mutembei & 2 others (Civil Appeal E038 of 2025) [2026] KEHC 5855 (KLR) (30 April 2026) (Judgment)

The appellants were not denied their right to be heard; they were given opportunities to file submissions and attend hearings but failed to do so. The appeal raised matters of law but lacked merit as the lower court considered all evidence and complied with procedural fairness.

Citation
[2026] KEHC 5855 (KLR)
Parties
1st Appellant: Tabitha Munanie Mutwa; 2nd Appellant: Priscilla Lynet Mutwa; 3rd Appellant: Monan Ventures Limited; 1st Respondent: Lawrence Nicholas Mutembei; 2nd Respondent: Hellen Makasi Muthengi; 3rd Respondent: Planbee Contractors & General Suppliers Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Civil Appeal E038 of 2025
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with costs to the 1st respondent
Legal Topics
Right to Be Heard, Natural Justice, Privity of Contract, Appeals on Matters of Law, Procedural Fairness
Source Language
English
Civil Procedure Constitutional Law Contract Law Right to Be Heard Natural Justice Privity of Contract Appeals on Matters of Law Procedural Fairness

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Parties

Tabitha Munanie Mutwa

1st Appellant

Priscilla Lynet Mutwa

2nd Appellant

Monan Ventures Limited

3rd Appellant

Lawrence Nicholas Mutembei

1st Respondent

Hellen Makasi Muthengi

2nd Respondent

Planbee Contractors & General Suppliers Limited

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal is properly before the court
  2. 2 Whether the appellants' right to be heard was infringed

Ratio Decidendi

The appellants were not denied their right to be heard; they were given opportunities to file submissions and attend hearings but failed to do so. The appeal raised matters of law but lacked merit as the lower court considered all evidence and complied with procedural fairness.

Court Disposition

Appeal dismissed with costs to the 1st respondent

Orders

  • Appeal dismissed
  • Costs awarded to the 1st respondent