CO-OPERATIVE BANK OF KENYA v MILLICENT GATHONI KABIA & 3 OTHERS [2008] KEHC 2312 (KLR)

Facts

The appellant sought directions for the hearing of the appeal, which was initially set for 4th March 2008. The matter was adjourned to 14th April 2008 for parties to indicate their agreement with the appeal proceeding by way of written submission. Only the appellant's counsel was present on 14th April 2008, and he indicated he would submit within that day. The court then set a date of judgment for 5th June 2008, which was later adjourned to 30th June 2008.

Issues

1. Respondents' lack of agreement with the appeal proceeding by way of written submissions
2. Justice not served without submissions from respondents

Reasoning

The court found that the respondents were not in agreement with the appeal being heard by way of written submissions, and justice would not be served without their submissions.

Outcome

Appeal dismissed and remanded for fresh hearing