[2013] KEHC 6744 (KLR)
The court declined to grant the orders sought at this stage because the application failed to address the legal requirements for service outside jurisdiction as stipulated under Order 5, Rules 21 and 22 of the Civil Procedure Rules, 2010. The court directed the applicant to file a supplementary affidavit addressing...
Source-derived case information.
- Citation
- [2013] KEHC 6744 (KLR)
- Parties
- Plaintiff: E O (Minor suing through Next Friend H O); Plaintiff: D N (Minor suing through Next Friend R M C); Plaintiff: George Njoroge; Plaintiff: Nahashon Kivuva; Plaintiff: Marion Waceke Mburu; Plaintiff: Joseph Mwai; Defendant: Kenya Pipeline Corporation; Defendant: City Council of Nairobi; Defendant: National Environmental Management Authority; Third Party: China Petroleum Pipeline Bureau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 207 of 2012
- Procedural Posture
- Civil Case / Preliminary Ruling on Application for Substituted Service of Third Party Notice
- Outcome
- Application for substituted service deferred pending filing of supplementary affidavit.
- Judges
- DW Mbuteti
- Legal Topics
- Substituted Service, Service Out of Jurisdiction, Third Party Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E O (Minor suing through Next Friend H O)
Plaintiff
D N (Minor suing through Next Friend R M C)
Plaintiff
George Njoroge
Plaintiff
Nahashon Kivuva
Plaintiff
Marion Waceke Mburu
Plaintiff
Joseph Mwai
Plaintiff
Kenya Pipeline Corporation
Defendant
City Council of Nairobi
Defendant
National Environmental Management Authority
Defendant
China Petroleum Pipeline Bureau
Third Party
Procedural Posture
Civil Case / Preliminary Ruling on Application for Substituted Service of Third Party Notice
Legal Issues
- 1 Whether the court should grant leave for substituted service of third party notice on the 3rd Party outside the jurisdiction.
- 2 Whether the requirements under Order 5, Rules 21 and 22 of the Civil Procedure Rules, 2010 for service out of jurisdiction have been satisfied.
Ratio Decidendi
The court declined to grant the orders sought at this stage because the application failed to address the legal requirements for service outside jurisdiction as stipulated under Order 5, Rules 21 and 22 of the Civil Procedure Rules, 2010. The court directed the applicant to file a supplementary affidavit addressing these requirements before a proper decision could be rendered on the application for substituted service.
Court Disposition
Application for substituted service deferred pending filing of supplementary affidavit.
Orders
- The 1st Defendant is directed to address the requirements for service out of jurisdiction by way of a supplementary affidavit.
- Further directions to be given upon delivery of the supplementary affidavit.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO 207 OF 2012
E O
(Minor suing through Next Friend H O)
2. D N
(Minor suing through Next Friend R M C)
GEORGE NJOROGE
NAHASHON KIVUVA
MARION WACEKE MBURU
JOSEPH MWAI...........................................PLAINTIFFS
VERSUS
KENYA PIPELINE CORPORATION
CITY COUNCIL OF NAIROBI
NATIONAL ENVIRONMENTALMANAGEMENT AUTHORITY...................DEFENDANTS
AND
CHINA PETROLEUM PIPELINE BUREAU...............3RD PARTY
PRELIMINARY RULING
1. In this application (notice of motion dated 10th July 2013) the 1st Defendant seeks two main orders as follows -
(i) Leave to effect service of a third party notice and other processes in these proceedings upon the 3rd Party, China Petroleum Pipeline Bureau (CPP), by way of substituted service.
(ii) That such substituted service be by registered post to the 3rd Party’s last known address at 22 Jinguang Road, Langfang City, Hebei Province, P R China 06500, and also through advertisement in the Daily Nation newspaper.
2. The second prayer of the application raises the issue of service outside jurisdiction which has not been addressed at all in the supporting affidavit. Service of summons and other processes out of jurisdiction is a serious issue provided for in detail under Order 5, Rules 21 and 22 of the Civil Procedure Rules, 2010. There are various conditions that must be met before the court will authorize such service.
3. Let the 1st Defendant address those issues by way of a supplementary affidavit so that the court can render a proper decision on the application at hand. Appropriate further directions shall be given at delivery of this preliminary ruling.
DATED AND SIGNED AT NAIROBI THIS 10TH DAY OF OCTOBER 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 11TH DAY OF OCTOBER 2013