SAMUEL NYABIBA NYAKERI v PETER OKIABERA OMWENGA [2011] KEHC 3434 (KLR)

Facts

The appellant/applicant filed an application for two main orders on 27th July, 2010, seeking a skeleton file to be constituted and for rental income from Nzoia/Moi’s bridge Block 1 (Nzoia Sisal) 3406 to be stopped and paid into a joint interest earning account in the names of the parties' advocates pending a ruling on the applicant’s Notice of Motion dated 23rd March 2009. The application was placed before Ang'awa J. on 28th July 2010, who ordered the reconstruction of the file and granted the 2nd main prayer with costs to the appellant/applicant. The respondent/applicant then applied for a stay of the order.

Issues

1. Inadequate notice for the respondent's hearing on the application
2. Prejudice to the respondent/applicant due to the orders made

Reasoning

The court found that the respondent/applicant was not heard on the application due to inadequate notice and that the orders made have caused injustice and prejudice to the respondent/applicant.

Outcome

Application granted