[2015] KEHC 694 (KLR)
The court found that although the respondents' advocates had been served with a hearing notice and an affidavit of service was filed, the application was not listed in the day's cause list and the respondents' advocates were absent. In the interest of justice and to ensure all parties have an opportunity to be...
Source-derived case information.
- Citation
- [2015] KEHC 694 (KLR)
- Parties
- Applicant: National Bank of Kenya; Respondent: Catherine Njambi Thangishu; Respondent: John Thangishu Gakuna
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 561 of 1994
- Procedural Posture
- Civil Case / Interlocutory Application; Directions on Service and Hearing
- Outcome
- Application to be served afresh for interpartes hearing.
- Judges
- JK Mulwa
- Legal Topics
- Service of Process, Interlocutory Applications, Hearing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank of Kenya
Applicant
Catherine Njambi Thangishu
Respondent
John Thangishu Gakuna
Respondent
Procedural Posture
Civil Case / Interlocutory Application; Directions on Service and Hearing
Legal Issues
- 1 Whether the applicant's application dated 21st October 2013 was properly served upon the respondents' advocates.
- 2 Whether the application should proceed for hearing in the absence of the respondents' advocates.
- 3 What directions should be given regarding service and hearing of the application.
Ratio Decidendi
The court found that although the respondents' advocates had been served with a hearing notice and an affidavit of service was filed, the application was not listed in the day's cause list and the respondents' advocates were absent. In the interest of justice and to ensure all parties have an opportunity to be heard, the court directed that the applicant's application dated 21st October 2013 be served afresh upon the respondents' advocates for an interpartes hearing. The court exercised its discretion to ensure procedural fairness and compliance with the rules of natural justice.
Court Disposition
Application to be served afresh for interpartes hearing.
Orders
- The applicant's application dated 21st October 2013 shall be served afresh upon the defendant/respondents' advocates for interpartes hearing.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL CASE NUMBER 561 OF 1994
NATIONAL BANK OF KENYA...................................PLAINTIFF/APPLICANT
VERSUS
CATHERINE NJAMBI THANGISHU .............1ST DEFENDANT/RESPONDENT
JOHN THANGISHU GAKUNA......................2ND DEFENDANT/RESPONDENT
RULING
The applicant's application dated 21st October 2013 was ordered to be served upon the Respondents advocates on the 6th June 2014.
A fresh date for the hearing of the application was taken for the 30th June 2015.
On the 30th June 2015, the application was not causelisted in the day's causelist. The firm of Karanja Mbugua and Company Advocates representing the Respondents had been served with a hearing notice on the 21st May 2015 and an affidavit of service filed.
On the said hearing date, the applicant fetched the file from the court registry and bought to court in the absence of the Respondents advocates.
Mr. Kiburi addressed the court and sought directions on the matter and hearing of the application. He also informed the court that the Auctioneer trading in the name of Gulf Auctioneers cannot be traced. In the circumstances, the court directs that the applicant's application dated 21st October 2013 be served afresh to the Defendant/Respondents advocates for interpartes hearing on the …..............................................
Dated, signed and delivered in the open court this 16th day of December 2015.
JANET MULWA
JUDGE