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…The principle requiring a court to determine whether a defense raises a triable issue stems from the need to observe the rules of natural justice before condemning a party. In Shepherd on others Vs. Others Vs.…

…Union of India AIR 1988 SC 686 at 693 his Lordship Ranganath Misra, J while dealing with natural justice observed:- Mullan in fairness: The New natural Justice has stated;- “Natural justice co-exists with , or reflected ,…

…This was a breach of the requirements of natural justice which imperatively impose the obligation so to act. Our system of law is bound by the salient requirements of natural justice.…

…The reasons for the need actually to comply with the rules of natural justice were well put by Megarry J in John v Rees (1970) Ch 345, 402.…

…It is a cardinal rule and it emanates from the principle of natural justice.…

…If the principle of natural justice is violated, it matters not that the same decision would have been arrived at.” 7.…

…Whether the application raises legitimate issues of natural justice that warrant the court’s indulgence; 3.  Whether stay of proceedings should be granted; 4..…

…Natural Justice and the Right to be Heard The Applicant has invoked Article 50(1) of the Constitution, which guarantees the right to a fair hearing.…

…THAT the learned Adjudicator erred in law and fact by condemning a third party unheard and going against the rules of natural justice. 5.…

…Our courts have been resolute in upholding the principles of natural justice and in particular hearing a person who is likely to be adversely affected by a decision before the decision is made.…

…justice. 23.…

…Therefore, the principles of natural justice rather than the technical procedural rules under the CPR take centre stage in a SCC hearing. 28.…

…natural justice have been violated and noting that "although established, its scope and contents remain unsettled". 16.…

…It is a cardinal rule and it emanates from the principle of natural justice". 18.…

…The principle of natural justice, particularly audi alteram partem (the right to be heard), is fundamental in ensuring fairness in judicial proceedings.…

…Failure to do so constitutes a violation of the principles of natural justice.…

…justice.…

…The cancellation was said to disregard the rules of natural justice as well as violate its legitimate expectation which is unlawful.…

…The principle of audi alteram partem , that no person should be condemned unheard, is a cardinal rule of natural justice. 30. In Onyango Oloo vs.…

…Attorney General [1986-1989] EA 456, the Court held that a decision arrived at in violation of the rules of natural justice is void. 31. Similarly, in Pashito Holdings Ltd vs.…

…justice.…

…justice. 14.…

…Therefore, the principles of natural justice rather than the technical procedural rules under the CPR take centre stage in a SCC hearing. In Justice Amraphael Mbogholi Msagha v.…

…Law 6th Edition (Penguin United Kingdom: 1989) (pages 557-558) which states: “The content of natural justice is therefore flexible and variable.…

…justice.…

…In my assessment therefore, the principles of natural justice take centre stage in a matter before the SCC. These principles are as enunciated in the case of Msagha vs.…

…justice.…

…I find that the procedure adopted by the trial court was irregular and contrary to the well-established right to be heard, a cardinal principle of natural justice enshrined under Article 50(1) of the Constitution, which guarantees…

…Reliance was placed on the rules of natural justice, and that the right to be heard cannot be taken away.…

…Nyamu, as he then was, held that: The rules of natural justice dictate that a party should not be condemned unheard. …

…Therefore, the principles of natural justice rather than the technical procedural rules under the CPR take centre stage in a SCC hearing. In Justice Amraphael Mbogholi Msagha v.…

…Law 6th Edition (Penguin United Kingdom: 1989) (pages 557-558) which states: “The content of natural justice is therefore flexible and variable.…

…justice and Article 50 of the Constitution. 10.…

…The Appellant argued that the trial court condemned her unheard thus violating the rules of natural justice. 17.…

…justice and the application of Article 159(2)(d) of the Constitution.…

…She contended that the learned magistrate erred in elevating procedural technicalities over the need to do substantive justice, and posited that the right to be heard is one of the fundamental pillars of natural justice,…

…The learned trial magistrate erred in law and in its findings of fact by proceeding against the laws of natural justice and whilst contradicting the right to fair hearing by concluding that the Appellant’s actions constituted…

…justice and the right to a fair trial; d.…