Municipal Council Of Thika v Elizabeth Wambui Kamicha [2013] KEHC 3016 (KLR)
- Court
- High Court of Kenya
- Case number
- 3016
- Citation
- [2013] KEHC 3016 (KLR)
- Decided
- 18 July 2013
The judgment and orders of the High Court are set aside due to errors in law and the principle of audi alterem partem was not observed.
Facts
The respondent claimed she was allocated and assigned a house in 1986 by the Minister for Local Government, while the appellant claimed it was their property. The appellant alleged the respondent was evicted and fraudulently allocated the house to Teresia Wambui Mugi.
Issues
- whether the learned Judge erred in law in disregarding the appellant's written submissions
- whether the learned Judge erred in law in allowing an ex parte hearing of an oral amendment to the suit
- whether the learned Judge erred in law in failing to appreciate the law on limitation
- whether the learned Judge erred in law in proceeding to pronounce judgment based on the amended claim
Reasoning
The court found that the appellant was prejudiced by the ex parte hearing and the learned Judge did not give the appellant an opportunity to respond to the amendment to the plaint. The principle of natural justice was violated.
Outcome
The appeal is allowed, the judgment of the High Court is set aside, and the respondent's amended plaint is to be heard de novo.
Orders
- The respondent's plaint dated 23rd October 1998 as amended on 29th June 2010 is to be heard de novo.
- The defendants in the suit are to file an amended defence within 30 days of the date of this order.
- The respondent shall bear the costs of this appeal.
Authorities cited
Cases cited (3)
- General Medical Council v Spackman (1943) 2 Aller 337
- Ridge v Baldwin (1963) 2 Aller 66
- DOUGLAS MBUGUA MUNGAI VS.HARRISON MUNYI (Civil Application No. NAI 167 of 2010)
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