Gedion Terer v Abraham Kipruto Chumo [2013] KEELC 24 (KLR)
The bottom line
#An Eldoret court cancelled an injunction it had earlier granted because the landowner was never properly told about the hearing date.
What this practically means
#Executive summary
#Key legal issues
#Service of notice of the inter-partes hearing date
The defendant's uncontroverted allegation that he was not served with the hearing date justified vacating the ex parte-issued injunction and allowing him to be heard.
The defendant admitted being served with the application dated 28 October 2013 but stated the documents served lacked the inter-partes date, and denied service of the order containing the date. The plaintiff did not controvert this allegation. The court found the defendant may not have received notice of the hearing at which the injunction was granted and concluded he deserved to be heard on the application.
Interim preservation of position pending re-hearing
Pending the fresh inter-partes hearing of the injunction application, the status quo ante was to be preserved.
Having vacated the injunction issued on 21 November 2013, the court directed that the application of 28 October 2013 be listed afresh for inter-partes hearing. To prevent any party altering the position on the ground in the interim, the court ordered preservation of the status quo ante until the application is heard.
Legal principles established
#- A party who alleges he was not served with notice of an inter-partes hearing and whose allegation is not controverted deserves to be heard on the merits of the application.
Court orders
#- 1.Vacation of the orders of injunction issued on 21 November 2013
- 2.The application dated 28 October 2013 to be re-listed for inter-partes hearing
- 3.Status quo ante to be preserved in the meantime
- Jurisdiction invoked
- Inherent power of the court to vacate its own interlocutory orders where a party shows it was not given notice of the inter-partes hearing
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gedion Terer v Abraham Kipruto Chumo [2013] KEELC 24 (KLR)", Case Analysis (2013). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/24/eng@2013-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.