[2022] KEELC 1316 (KLR)
The court found that the plaintiff had made diligent but unsuccessful efforts to serve the 2nd and 3rd defendants personally and that security concerns further impeded service. In light of these circumstances, the court held that it was just and appropriate to grant leave for substituted service by advertisement in...
Source-derived case information.
- Citation
- [2022] KEELC 1316 (KLR)
- Parties
- Plaintiff: Abdinassir Abdirahim Mohamed; Defendant: Chief Land Registrar; Defendant: Abdina Guyo Dadacha; Defendant: Guyo Jattani Halakhe; Defendant: Chuklu Baraqo Boi; Defendant: Asili Baraqo; Defendant: Christine Diramu Galgalo; Defendant: Tunnet T Godana; Defendant: Kala Adano
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substituted Service
- Outcome
- application granted
- Legal Topics
- Substituted Service, Service of Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdinassir Abdirahim Mohamed
Plaintiff
Chief Land Registrar
Defendant
Abdina Guyo Dadacha
Defendant
Guyo Jattani Halakhe
Defendant
Chuklu Baraqo Boi
Defendant
Asili Baraqo
Defendant
Christine Diramu Galgalo
Defendant
Tunnet T Godana
Defendant
Kala Adano
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the court should grant leave for substituted service of summons on the 2nd and 3rd defendants by advertisement in a daily newspaper.
- 2 Whether the plaintiff has demonstrated sufficient grounds for inability to serve the 2nd and 3rd defendants personally.
Ratio Decidendi
The court found that the plaintiff had made diligent but unsuccessful efforts to serve the 2nd and 3rd defendants personally and that security concerns further impeded service. In light of these circumstances, the court held that it was just and appropriate to grant leave for substituted service by advertisement in a daily newspaper. The court exercised its discretion under the Civil Procedure Rules to ensure that the defendants are notified of the proceedings and the suit can proceed without undue delay.
Court Disposition
application granted
Orders
- Leave is granted to the plaintiff/applicant to effect substituted service of the summons to enter appearance upon the 2nd and 3rd defendants by advertisement in any of the daily newspapers.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
31 paragraphs
THE REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ISIOLO
ELC CASE NO. E002 OF 2021
ABDINASSIR ABDIRAHIM MOHAMED..................................................................PLAINTIFF
-VERSUS-
CHIEF LAND REGISTRAR.................................................................................1ST DEFENDANT
ABDINA GUYO DADACHA................................................................................2ND DEFENDANT
GUYO JATTANI HALAKHE..............................................................................3RD DEFENDANT
CHUKLU BARAQO BOI.....................................................................................4TH DEFENDANT
ASILI BARAQO.....................................................................................................5TH DEFENDANT
CHRISTINE DIRAMU GALGALO....................................................................6TH DEFENDANT
TUNNET T GODANA...........................................................................................7TH DEFENDANT
KALA ADANO......................................................................................................8TH DEFENDANT
RULING
1. This application is dated 15th February, 2022 and seeks the following orders:
1. THAT leave be granted to the Plaintiff/Applicant to effect Substituted Service of the Summons to Enter Appearance upon the 2nd and 3rd Defendants/Respondents herein by means of advertisement in any of the Daily Newspapers
2. THAT the costs of this application be provided for.
2. The application is supported by the affidavit of the Plaintiff/Applicant sworn on 15th February, 2022 and has the following grounds:
1. THAT the Plaintiff/Applicant has been unable to serve the 2nd and 3rd Defendants personally or on their recognized agents.
2. THATdiligent efforts to serve the 2nd and 3rd Defendant personally and/or there office (sic) have borne no fruits.
3. THAT investigations and inquires to establish the 2nd and 3rd Defendant’s whereabouts office (sic) have been in vain.
4. THAT it is only mete and just that this Honourable Court grants the Orders sought to enable the Plaintiff/Applicant to proceed with the suit against the 2nd and 3rd Defendants/Respondents.
3. I note that security is cited as the reason that the suit documents have not been served upon the defendant. I find there is merit in allowing service to be effected by way of substituted service.
4. In the circumstance, the following orders are issued:
a) Prayer 1 is granted
b) Costs shall be in the cause.
DELIVERED IN CHAMBERS THIS 21ST DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:
Court Assistant: Denge
Parties not in court.
HON. JUSTICE P.M. NJOROGE
JUDGE