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.
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.
Natural Justice – Right to be heard – requirement of all disputes to be investigated and decided on merit – a court ought to hear both parties.
October 18, 200…