Simon Kimutai Chepkwony & another v Evans Thiga Gaturu [2021] KEHC 9474 (KLR)
- Court
- High Court of Kenya
- Case number
- 9474
- Citation
- [2021] KEHC 9474 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureRespondent/Applicant seeks to vacate ex-parte orders and grant leave to defend applicationCoramPresiding Judge
Holding
The ex-parte orders made on appeal on 11th December 2019 are vacated, and the Respondent/Applicant is granted leave to defend the Appellant’s application unconditionally.
Facts
Appellant filed an application on 4th December 2019, and the Respondent/Applicant was not heard. The Appellant filed an application on 22nd November 2019, which was dismissed by the Trial Magistrate.
Issues
- Fair hearing in the Trial Court
- Conduct of the case in the Trial Court
Reasoning
The Court found that the Respondent/Applicant was not heard in the Trial Court and that the Appellant’s application was not properly conducted.
Outcome
Appeal granted
Orders
- Ex-parte orders made on appeal on 11th December 2019 are vacated
- Leave to defend the Appellant’s application unconditionally granted
Remedies
- Access to justice and fair hearing for the Appellant
Authorities cited
Legislation (3)
- Article 159 of the Constitution
- Civil Procedure Act, Cap 21 of the Laws of Kenya
- Civil Procedure Rules Cap 21 of the Laws of Kenya
Cases cited (1)
- Pinnacle Projects Ltd vs PCEA Ngong Parish PCEA Foundation HCCC 21 of 2012
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.
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