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Trust Bank Ltd v. Amalo Company Ltd

(2002) JELR 93902 (CA)

Court of Appeal  •  civ app 215 of 00[1]  •  18 Oct 2002  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Joyce Adhiambo Aluoch

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT KISUMU

CIV APP 215 OF 00[1]

Tunoi, Bosire and Owuor JJA

Civil Appeal No. 215 of 2000

Summary of Facts – This was an appeal from an order of the High Court at Kisumu whereby the learned judge allowed a preliminary objection taken in a chamber summons. In accordance with this order, the appellants documents were expunged from the record and the appellant denied the right to be heard in the application because of lack of diligence in the matter.

Held:

1. The administration of justice should normally require that the substance of all disputes should be investigated and decided on their merit and that errors should not necessarily deter a litigate from the pursuits of his right.

2. The spirit of the law is that as far as possible in the exercise of judicial discretion, the court ought to hear and consider the case of both parties in any dispute in the absence of any good reason for it not to do so.

Appeal allowed.

Natural Justice – Right to be hear…

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