[2019] KEHC 989 (KLR)

[2019] KEHC 989 (KLR)

The court found that it was not properly constituted when it received submissions in the appeal, which rendered its judgment and the proceedings of 3rd October 2019 irregular. In the interest of justice and in compliance with Section 65 of the Civil Procedure Act, the court vacated its earlier order and set aside...

Source-derived case information.

Citation
[2019] KEHC 989 (KLR)
Parties
Appellant: Zahoor-ud Dean Gulam; Respondent: Shagufta Jabeen Khalil-ur-Rahmaan
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Appeal 85 of 2017
Procedural Posture
Civil Appeal / Ruling on Court Constitution and Setting Aside Proceedings
Outcome
Earlier order vacated; proceedings of 3rd October 2019 set aside; appeal to proceed before properly constituted court.
Judges
A Ali-Aroni
Legal Topics
Court Constitution, Setting Aside Orders, Appeal Procedure
Source Language
en
Family and Children Civil Procedure Court Constitution Setting Aside Orders Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Zahoor-ud Dean Gulam

Appellant

Shagufta Jabeen Khalil-ur-Rahmaan

Respondent

Procedural Posture

Civil Appeal / Ruling on Court Constitution and Setting Aside Proceedings

Legal Issues

  1. 1 Whether the court was properly constituted when receiving submissions in the appeal.
  2. 2 Whether the proceedings and orders made on 3rd October 2019 should be set aside due to irregular constitution of the court.

Ratio Decidendi

The court found that it was not properly constituted when it received submissions in the appeal, which rendered its judgment and the proceedings of 3rd October 2019 irregular. In the interest of justice and in compliance with Section 65 of the Civil Procedure Act, the court vacated its earlier order and set aside the impugned proceedings to allow the appeal to proceed before a properly constituted bench, including two Kadhis as required for matters within the Family Division involving Islamic law.

Court Disposition

Earlier order vacated; proceedings of 3rd October 2019 set aside; appeal to proceed before properly constituted court.

Orders

  • The earlier order is vacated.
  • The proceedings of 3rd October 2019 are set aside.