[2019] KEHC 7523 (KLR)
The court determined that it would be unjust to deliver a ruling on the application dated 22nd January 2018 when the defendant was not aware that the matter was scheduled before the court on 28th November 2018. The absence of evidence that the defendant was served or notified of the hearing date rendered the...
Source-derived case information.
- Citation
- [2019] KEHC 7523 (KLR)
- Parties
- Plaintiff: Rent Works East Africa Limited; Defendant: Logitac Global Logistics Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 342 of 2017
- Procedural Posture
- Civil Case / Interlocutory Directions
- Outcome
- Orders for mention and service of hearing notice; prior orders made in the absence of the defendant set aside.
- Judges
- MM Kasango
- Legal Topics
- Service of Process, Right to Be Heard, Adjournment of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rent Works East Africa Limited
Plaintiff
Logitac Global Logistics Limited
Defendant
Procedural Posture
Civil Case / Interlocutory Directions
Legal Issues
- 1 Whether it is just to proceed with a ruling when the defendant was not aware of the hearing date.
- 2 Whether the orders made in the absence of the defendant should stand.
- 3 What procedural steps should be taken to ensure fairness to both parties.
Ratio Decidendi
The court determined that it would be unjust to deliver a ruling on the application dated 22nd January 2018 when the defendant was not aware that the matter was scheduled before the court on 28th November 2018. The absence of evidence that the defendant was served or notified of the hearing date rendered the proceedings on that date irregular. To uphold the principles of fairness and the right to be heard, the court directed that fresh hearing dates be fixed with the participation of the defendant, or that the defendant be served with a hearing notice if absent. The matter was to be mentioned before the new docket judge for further directions.
Court Disposition
Orders for mention and service of hearing notice; prior orders made in the absence of the defendant set aside.
Orders
- The matter shall be mentioned before Justice M. Muigai on a date to be given at the reading of this ruling.
- If the mention date is fixed in the absence of the defendant, the defendant shall be served with a hearing notice.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
CIVIL CASE NO. 342 OF 2017
RENT WORKS EAST AFRICA LIMITED............PLAINTIFF
-VERSUS-
LOGITAC GLOBAL LOGISTICS LIMITED....DEFENDANT
R U L I N G
1. Although I have entitled this as a Ruling it is not a Ruling on any substantive application.
2. This matter was handled by Lady Justice Ngetich. In her absence from this Station on 16th November 2018, the file was placed before Lady Justice M. Odero. Justice Odero on that date ordered for the file to be placed before Justice Ngetich on 22nd November 2018.
3. It is not clear on the Court file why the matter was not placed before Justice Ngetich on 22nd November 2018 and it is equally not clear how another date of 28th November was obtained when this matter was brought before me. On that date, the Defendant did not attend Court. There is no evidence that the Defendant was aware that this matter would be before me on 28th November 2018.
4. It would therefore follow that the order I made on 28th November 2018 was made in the absence of the Defendant and the Defendant who was unaware the matter was before Court. Obviously that was an anomaly. I did order on that date that I would deliver a Ruling on 7th March 2019 on the application dated 22nd January 2018.
5. I was unable to deal with this matter on 7th March 2019 because I was away from duty because I was indisposed.
6. In my view, it would be unjust to deliver a Ruling when the Defendant did not know of the decision that a Ruling would be given. Fresh dates for hearing Notice of Motion dated 22nd January 2018 will have to be fixed with the participation of the Defendant and in the absence of their participation they need to be served with a hearing notice.
7. This matter falls under the docket of Justice M. Muigai, after the transfer from this Station of Justice Ngetich in December 2018. Accordingly, I direct as follows:
a) This matter shall be mentioned before Justice M. Muigai on a date to be given at the reading of this Ruling.
b) If such a date for mention will be in the absence of the Defendant, the Defendant shall be served with a hearing notice.
Orders accordingly.
DATED, SIGNED and DELIVERED at NAIROBI this 16TH day of MAY, 2019.
MARY KASANGO
JUDGE
Ruling ReadandDeliveredinOpen Courtin the presence of:
Sophie................................. COURT ASSISTANT
.............................................FOR THE PLAINTIFF
…………………………… FOR THE DEFENDANT