Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…and therefor the authority is required to apply the principles of natural justice.…
…A decision in breach of natural justice is not cred by holding that the decision would otherwise have been right since the principle of natural justice is violated, it matters not the same decision would have been arrived…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The trial court has the duty consider both sides of the case as this is the essential element of the rules of natural justice.…
…Further section 17 of the SCCA provides that the court in exercise of the claims before it, “shall have regard to the principles of natural justice.”.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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 ,…
Division and case type: CivilMiscellaneous Application
…Rice and Others , (1911) A.C. 179.The right to a fair hearing is one of the rules of natural justice which latter as was said by Harman L.J. in the case of Ridge v.…
…The court must always consider the statutory framework within which natural justice is to operate, and a limit may sometimes necessarily be implied.…
Division and case type: High Court CivilJudicial Review
…Uganda National Examination Board, HC Civil Misc Application No.18 of 2010, in which the Ugandan Supreme Court stated as follows regarding the rules of natural justice: “It is a cardinal rule of natural justice that no one…
…Natural justice is not a creature of humankind.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether the 2nd respondent’s decision dated 7th March 2023 was unlawful and in breach of the rules of natural justice. iv. Whether the impugned is barred by the doctrines of res judicata, estoppel, or sub judice. v.…
…Whether the 2nd respondent’s decision dated 7th March 2023 was unlawful and in breach of the rules of natural justice. 56.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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.…
Division and case type: High Court CivilJudicial Review
…Court of Appeal & 3 Others (2021) eKLR , reinforcing the right to be heard as a core tenet of natural justice.…
…The additional defects of ex parte issuance, in the absence of service, and ambiguity as to the operative date reinforce non-compliance with natural justice.…
Division and case type: High Court CivilCivil Appeal
…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.…
Division and case type: High Court Judicial ReviewJudicial Review
…Court would be obliged to prohibit it from acting contrary to the rules of natural justice.…
…However, where a decision has been made, whether in excess or lack of jurisdiction or whether in violation of the rules of natural justice, an order of prohibition would not be efficacious against the decision so made.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Cause
…Courts in the interest of justice must ensure that a party’s right to a fair trial, which emanates from the principle of natural justice, is always protected.…
…justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their absence and that…
Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…This was contrary to the tenets and rules of Natural Justice and a clear breach of Article 47 of the Constitution on Fair Administrative Action. b.…
…The decision must be declared to be no decision…It is paramount at this juncture that this court establishes the ingredients and/or components of natural justice.…
Division and case type: High Court CivilCivil Appeal
…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.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…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.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…The petitioner argued that that in the judgment, the respondent failed to consider the weight of evidence tendered and the circumstances of the matter and was arrived at without observing the principles of natural justice…
…He was also given an opportunity to be heard thereby complying with rule 18 of the Advocates (Disciplinary Committee) Rules and the rules of natural justice.…
Division and case type: CivilCivil Suit
…Thus, he has argued, the 1st defendant Bishop had failed to follow the rules of natural justice before condemning the plaintiffs.…
…He has also contended that as the 1st defendant took his action without complying with the rules of natural justice, no appellate authority of the Church could rectify the initial mistake.…
Division and case type: High Court CivilJudicial Review
…Number KRA202432533468 demanding for additional payment of kshs.895, 999.99 only, on account of VAT for the month of February 2023,without complying with and/ or observing the principle Fair Hearing and the Doctrine of Natural…
…Justice, whatsoever and/ or howsoever. 3) The Honourable Court be pleased to grant Leave to the Applicant herein to commence and/or intitute Judicial Review Proceedings, in the nature of certiorari to bring unto us this…
Division and case type: High Court DivCriminal Appeal
…E033 of 2021 on a mention date and contravening the Rules of Natural Justice. c) That the learned magistrate condemned the appellant herein with a lot of bias, contrary to Rules of Natural Justice and in contravention of…
…E033 of 2021 contravenes the Rules of Natural Justice and is contrary to Articles 10, 25, 27, 28, 29, 48 and 50 of the Constitution of Kenya 2010. f) That the Learned Magistrate erred in Law and in facts in failing to find…
Division and case type: High Court DivFamily Appeal
…Musembi, Chief Kangundo Location which contained a one sided conclusion and contravened the rules of natural justice; holding that Brenda Masita Mulindi was a wife to the deceased at the interlocutory stage without evidence…
…Whether the Appellant’s right to a fair hearing and the rules of natural justice were violated 30.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…justice is outside the jurisdiction of the decision -making authority.…
…Further still, Nyarangi JA stated in Onyango Oloo v Attorney General [supra] thus: A decision in breach of the rules of natural justice is not cured by holding that the decision would otherwise have been right since if the…