[2014] KEHC 8138 (KLR)
The court found that the plaintiffs' counsel clarified the true intent of the application was to seek an extension of the validity of expired summons, rather than the original prayers for leave to serve out of jurisdiction and by substituted service. The court exercised its discretion to allow the amendment of the...
Source-derived case information.
- Citation
- [2014] KEHC 8138 (KLR)
- Parties
- Plaintiff: Abdulkadir Mohamed Nur; Plaintiff: Deeqa Construction & Water Well Drilling Company Limited; Defendant: Associated Press Limited; Defendant: Katharine Houreld
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 175 of 2012
- Procedural Posture
- Civil Suit / Ruling on Application to Extend Validity of Summons
- Outcome
- Application granted. Validity of summons extended to 31st December 2014. Costs in the cause.
- Judges
- DW Mbuteti
- Legal Topics
- Service of Summons, Extension of Time, Substituted Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdulkadir Mohamed Nur
Plaintiff
Deeqa Construction & Water Well Drilling Company Limited
Plaintiff
Associated Press Limited
Defendant
Katharine Houreld
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Extend Validity of Summons
Legal Issues
- 1 Whether the court should grant an extension of the validity of expired summons to enter appearance.
- 2 Whether the court should allow substituted service on defendants outside the jurisdiction.
Ratio Decidendi
The court found that the plaintiffs' counsel clarified the true intent of the application was to seek an extension of the validity of expired summons, rather than the original prayers for leave to serve out of jurisdiction and by substituted service. The court exercised its discretion to allow the amendment of the application to reflect this clarification. Upon considering the application as amended, the court granted the extension of the validity of the summons to 31st December 2014, finding it just and proper to do so in the circumstances. Costs of the application were ordered to be in the cause.
Court Disposition
Application granted. Validity of summons extended to 31st December 2014. Costs in the cause.
Orders
- The validity of the summons to enter appearance is extended to 31st December 2014.
- Costs of the application will be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL SUIT NO 175 OF 2012
ABDULKADIR MOHAMED NUR
DEEQA CONSTRUCTION & WATER WELL
DRILLING COMPANY LIMITED…..….............…………….....PLAINTIFFS
VERSUS
ASSOCIATED PRESS LIMITED
KATHARINE HOURELD…………………………..……DEFENDANTS
R U L I N G
1. On 13/6/2013 the court (Odunga, J) granted the Plaintiffs leave to serve summons to enter appearance and copy of the plaint, together with the notice of motion dated 12th April 2012 upon the Defendants outside the jurisdiction of the court.
2. The Plaintiffs have now come back to court by notice of motion dated 10/4/2014 seeking two main orders which are framed as follows –
“3. That the Plaintiffs be granted leave for extension to serve summons to enter appearance upon the Defendants herein out of the jurisdiction of the Republic of Kenya.
4. That the Plaintiffs be granted leave to serve the Defendants by substituted service in Kenya as well as in the Defendants’ country of residence in any …..newspapers of nation-wide circulation.”
3. The application is expressed to be brought under Order 5, rules 1 (1) & 2, 17, 22, 30 and 32 of the Civil Procedure Rules, 2010 (the Rules). The inherent power of the court has also been invoked.
4. At the hearing of the application learned counsel for the Plaintiffs stated that the application was meant to seek extension of validity of the summons which had expired contrary to the prayers in the application. I will assume that the said statement of counsel was an application to amend the application, which amendment I hereby grant. The application at hand therefore seeks extension of validity of the summons.
5. I will grant the application and extend the validity of the summons to 31st December 2014. Costs of the application will be in the cause. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 25th DAY OF JULY 2014
H.P.G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 25TH DAY OF JULY 2014