ARCOPAR (O.M.) v. HARBERT MARWA AND OTHERS (2015)

Sh 15,000.00

Applicant was not made a party before the trial court and the matter ended against his favour – it was held that he can still apply for revision before the Court of Appeal.

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Applicant was not made a party before the trial court and the matter ended against his favour – it was held that he can still apply for revision before the Court of Appeal.

·         Fair procedure demands that a party ought to be heard before an adverse decision is made.

·         Right to be heard is an enshrined constitutional right.

·         A transaction involving the applicant was nullified by the trial court without affording the applicant a right to be heard – the applicant was not made a party to the suit – it was held that the decision is void and of no effect.

·         A decision which contravenes principles of natural justice and the Constitution is void.

·         Where natural justice is violated in respect of any decision, it is immaterial whether the same decision would have been arrived at in the absence of departure from the essential principles of natural justice.