“"right to be heard"” — court decisions

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

…We are aware that section 365 of the Code provides that:- “No party has a right to be heard either personally or by an Advocate before the High Court when exercising its powers of revision.”, but it must not be forgotten…

10 min read

Judgment[1994] KECA 8319 September 1994

Lali S. Lali & 3 others v Stephen M. Wachira & 2 others

Court of Appeal at NairobiOwuor,Effie Owuor,JUDGE APPEALCase number Civil Appeal 132 of 1993

Division and case type: CivilCivil Appeal

…He then concluded in this regard by saying that: ‘To my mind it is evident that our judicial system would never permit a plaintiff to be “driven from the judgment seat” in this way without any Court having considered his right…

…to be heard, excepting in cases where the cause of action was obviously and almost incontestably bad.”…

13 min read

Judgment[1990] KECA 5116 December 1990

Nyongesa & 4 others v Egerton University College

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 90 of 1989

Division and case type: CivilCivil Appeal

…Mr Sheth answers the failure of natural justice not by any denial but by a submission that the applicants had waived their right to be heard.…

13 min read

Judgment[1997] KECA 40225 May 1997

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Court of Appeal at NairobiRingera,JUDGE APPEAL,Russell,England,Skingsley,Njuguna,WaiguaCase number Civil Appeal 195 of 1995

Division and case type: CivilCivil Appeal

…In case of leave to file a suit out of time English courts consider the leave granted as subject to the defendant's common law right to be heard on the issue and, hence the re-activation of the issue of leave in the proceedings…