In re Estate Juma Hamisi Kombo (Deceased) [2018] KEKC 39 (KLR)
The bottom line
#The High Court in Mombasa set aside eviction orders made without hearing the other side, restarting the process fairly.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the other parties in the dispute were notified and given a chance to be heard before the orders of 4/6/2018 were issued
Key legal issues
#Whether the orders of 4/6/2018 were properly issued
The orders were improperly issued because the other parties were not notified or heard; they were set aside and the trial court directed to serve notice on all parties
The court invoked its supervisory jurisdiction under Article 165(6) after reading the file and the orders of 4/6/2018. Finding no evidence that the other parties to the dispute were notified or given an opportunity to be heard before the orders issued, it held the proceedings offended natural justice, set them aside and remitted the matter for service of notice on the parties before any eviction or accounts decision.
Legal principles established
#- Ex parte orders cannot issue where other parties in the dispute were not notified and given a chance to be heard
Court orders
#- 1.The proceedings of 4/6/2018 are set aside
- 2.The trial court is directed to serve a notice upon the parties to the dispute to enable it determine the need to have one Zubeda Mohamed Swaleh evicted and for her to render accounts of any rent allegedly received on account of the premises in dispute
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 165(6) of the Constitution
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
To that extent and reason, the proceedings of 4/6/2018 are set aside and the trial court is directed to serve a notice upon on the parties to the dispute
I find that there is no evidence that the other parties in the dispute were notified and given a chance to be heard before the orders were issued.
Issues in the judgment
#The names of the parties and the nature of the underlying suit are not stated in the judgment, which records only that the matter arises from HCCA No. 24 of 2018 under Article 165(6)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate Juma Hamisi Kombo (Deceased) [2018] KEKC 39 (KLR)", Case Analysis (2018). HCCA No. 24 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2018/39/eng@2018-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.