Market Masters Limited v Inch of Gold (K) Ltd & 20 others (Civil Case 417 of 2000) [2005] KEHC 2163 (KLR) (Civ) (21 April 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2163
- Citation
- [2005] KEHC 2163 (KLR)
- Decided
- 21 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment entered on 26th March, 2003CoramH.P.G. Waweru
Holding
The judgment and orders entered on 9th April, 2003 are set aside, and the application for summary judgment is fixed for hearing inter partes.
Facts
The Defendants sought to set aside a judgment and orders entered on 9th April, 2003, claiming they were not given a chance to be heard and that the Plaintiff's application for summary judgment was not heard on merit.
Issues
- Defendants' right to be heard at the hearing of the application for summary judgment
- Defendants' claim that the application was not heard on merit
Reasoning
The court found that the Defendants were not given a chance to be heard at the hearing of the application for summary judgment on 26th March, 2003, and that this denial of the right to be heard must override all objections raised by the Plaintiff.
Outcome
Judgment and orders set aside
Orders
- Application for summary judgment fixed for hearing inter partes
Remedies
- Costs of the application shall be in the cause
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…