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Merry Beach Limited v. Attorney General,Commissioner of Lands,Chief Land Registrar,District Land Register, Kilifi,Director of Physical Planning,Director of Surveys,Director of Land Adjudication and Settlement,County Government of Kilifi,Officer Commanding Police Division, Malindi,Gimalowi Company Limited,Exempler Limited,Shariff M. Mohamed,P.M. Ndolo,La Marina Limited,Malindi Musketeers Limited,Shariff N. Habib,Hildegard Jung,Daniel Ricci & Itakey Investments Limited

(2018) JELR 99145 (CA)

Court of Appeal  •  Civil Appeal 34 of 2017  •  25 Jan 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



1. The right to be heard before an adverse decision is taken against a party is fundamental and permeates our entire justice system. This Court in Mbaki and Others v. Macharia and Another [2005] 2 EA 206, at page 210, while underscoring the significance of that right expressed:

“The right to be heard is a valued right. It would offend all notions of justice if the rights of a party were to be prejudiced or affected without the party being afforded an opportunity to be heard.”

2. It is for that reason that our legal system has embedded relevant provisions in the Constitution and legislative texts to ensure the realization of that right. Of relevance to the appeal before us is Rule 5 (d) (ii) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (popularly known as Mutunga Rules) which provides-


(d) The Court may at any stage of the proceedings, either upon or without the application of either party, and on s…

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