[2002] KEHC 547 (KLR)
The court held that since the order declaring the cessation of the defendant's advocates had not been served on all parties as required by Order II Rule I of the Civil Procedure Rules, it would be unjust to proceed with the hearing or take evidence in the absence of proper notice to the defendant. The defendant, now...
Source-derived case information.
- Citation
- [2002] KEHC 547 (KLR)
- Parties
- Plaintiff: REIMPEX S.A.RL; Plaintiff: SAMBAMBA FORWARDERS LTD.; Defendant: HAPA ENTERPRISES LTD
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 370 of 1999
- Procedural Posture
- Civil Suit / Interlocutory Ruling on Representation and Adjournment
- Outcome
- Adjournment granted; defendant to be served with notice; hearing rescheduled.
- Legal Topics
- Service of Process, Representation of Parties, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REIMPEX S.A.RL
Plaintiff
SAMBAMBA FORWARDERS LTD.
Plaintiff
HAPA ENTERPRISES LTD
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling on Representation and Adjournment
Legal Issues
- 1 Whether the order declaring cessation of representation by the defendant's advocates was properly served on all parties.
- 2 Whether the matter can proceed in the absence of proper service to the defendant regarding representation.
- 3 What directions should be given to ensure fair hearing given the defendant's witnesses' circumstances.
Ratio Decidendi
The court held that since the order declaring the cessation of the defendant's advocates had not been served on all parties as required by Order II Rule I of the Civil Procedure Rules, it would be unjust to proceed with the hearing or take evidence in the absence of proper notice to the defendant. The defendant, now unrepresented, must be served immediately with the relevant notice to allow them to arrange for fresh representation. The urgency was underscored by the fact that the defendant's main witnesses were due to leave the jurisdiction, necessitating the setting of a new hearing date during vacation to accommodate all parties and ensure a fair trial.
Court Disposition
Adjournment granted; defendant to be served with notice; hearing rescheduled.
Orders
- The defendant, Hapa Enterprises Ltd., to be served immediately with the relevant notice regarding cessation of representation.
- Hearing of the matter set for August 6th 2002 before the duty Judge during vacation.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASA CIVIL SUIT NO. 370 OF 1999
REIMPEX S.A.RL ……………………………………. 1ST PLAINTIFF
SAMBAMBA FORWARDERS LTD. ……………….. 2ND PLAINTIFF
VERSUS
HAPA ENTERPRISES LTD …………………………. DEFENDANT
RULING
I did rule on 24. 7.2002 and ordered that the firm of Tutui Adogo & Co. Advocates who previously were separate firms of K.M. Adogo and Tutui & Co. Advocates respectively are declared to have ceased to act for the defendants herein. That order ought have been served upon all parties in this matter in compliance with Order II Rule I of the Civil Procedure Rule.
That unfortunately was not complied with as no order was extracted. We cannot proceed to day or take evidence from the witnesses without the parties concerned, particularly the defendants, having been served. It is therefore in the interest of justice that the defendant I, Hapa Enterprises Ltd. be served immediately with the relevant notice as the defendant who will remain unrepresented. He can then arrange for fresh representation. In view of the fact that the defendant’s main witnesses are due to leave the jurisdiction of this court, and have travelled a long way from Ruanda, I order that the hearing of this matter be set for August 6th 2002 before duty Judge during Vacation. Costs in the cause.
Dated 30th July 2002. L.P. OUNA JUDGE