Taloi (In his Own Capacity & as Adminstrator of The Estate of Luka Kenayia Mpateei & Luke Lemayian) & 4 others v Taloi & 9 others (Environment & Land Case E002 of 2021) [2022] KEELC 3723 (KLR)
The bottom line
#A Kenyan court stopped a ruling because one side never got notice of it, reaffirming that every party deserves a chance to be heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants/defendants were denied a fair hearing such that the ruling should be arrested and their submissions admitted
The application was allowed in terms of prayer 3 in the interest of justice; the applicants were permitted to file written submissions on the pending strike-out application, and the ruling date was refixed, guided by the overriding objective and Article 159 principles.
The court reviewed the procedural history, noting repeated absences, disputed service of mention notices upon the wrong firm of advocates, and uncertainty whether the notice of change of advocates was served. Weighing the constitutional guarantee of a fair hearing, Article 159 principles and the overriding objective of the Civil Procedure Act, the court found it just to allow the applicants to be heard by filing submissions rather than proceed to a ruling without their input.
Who bore responsibility for the applicants' counsel not receiving the ruling notice
The court was not at fault; it had directed the respondents/plaintiffs' counsel to serve the ruling notice, and that duty lay with them.
The record showed that on February 15, 2022 the court reserved the ruling and directed the respondents/plaintiffs' counsel to serve the applicants' counsel with a ruling notice. The court therefore rejected the applicants' assertion that the court or the registry was responsible for their counsel's ignorance of the ruling date, placing the obligation squarely on the respondents' counsel per the court's directions.
Legal principles established
#- Where the court has directed one party's counsel to serve a ruling or mention notice, service is that counsel's responsibility, not the court's
Court orders
#- 1.Notice of motion application dated April 25, 2022 allowed in terms of prayer 3
- 2.Applicants/defendants directed to file written submissions with respect to the notice of motion application dated May 24, 2021 within 7 days
- 3.Mention to confirm compliance and fix a date for ruling on August 2, 2022 before the Deputy Registrar
- 4.No orders as to costs
- Jurisdiction invoked
- Articles 47, 48, 50, 159(2)(a) and (d) of the Constitution; sections 1A, 1B and 3A of the Civil Procedure Act; Order 50 rule 6 and Order 51 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Taloi (In his Own Capacity & as Adminstrator of The Estate of Luka Kenayia Mpateei & Luke Lemayian) & 4 others v Taloi & 9 others (Environment & Land Case E002 of 2021) [2022] KEELC 3723 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3723/eng@2022-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.