Marima & 2 others v Purko Development Trust & 4 others (Civil Suit E005 of 2024) [2024] KEHC 9224 (KLR) (31 July 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 9224
- Citation
- [2024] KEHC 9224 (KLR)
- Decided
- 31 July 2024
The respondents should file their replies as ordered and the matter should be set down for inter partes hearing.
Facts
The plaintiffs are three individuals (Marima, Ole Norpoor, and Ole Maria) who are plaintiffs in a civil suit against the Purko Development Trust and four other defendants. The defendants include the Purko Development Trust, its chairman, and three other individuals. The plaintiffs seek urgent relief and have withdrawn the foundation of urgent relief due to the lack of a clear timeframe for elections.
Issues
- Whether the respondents are in default
- Opportunity to be heard as a constitutional imperative
Reasoning
The court found that the respondents are not in default as their time for filing replies has not expired. The court also emphasized the importance of opportunity to be heard as a constitutional imperative and tenet of fair hearing.
Outcome
The application is adjourned to September 26, 2024, for inter partes hearing.
Orders
- The respondents should file their replies as ordered
- The matter should be set down for inter partes hearing
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