[2001] KEHC 434 (KLR)

[2001] KEHC 434 (KLR)

The court found that personal service of summons on the Defendant is appropriate and, to ensure effective notification, also ordered that the summons be posted to the Defendant by registered mail. This dual approach is consistent with the requirements of the Civil Procedure Rules, which allow for alternative methods...

Source-derived case information.

Citation
[2001] KEHC 434 (KLR)
Parties
Plaintiff: A.O. Bayusuf & Sons Ltd; Defendant: Golden Bell International (U) Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
? 105 of ??
Procedural Posture
Civil Suit / Interlocutory Application Ruling
Outcome
application granted
Legal Topics
Service of Process, Personal Service, Registered Mail
Source Language
en
Civil Procedure Service of Process Personal Service Registered Mail

Source-derived case record

Summary, issues, holding and outcome

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Parties

A.O. Bayusuf & Sons Ltd

Plaintiff

Golden Bell International (U) Ltd

Defendant

Procedural Posture

Civil Suit / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the summons should be served personally on the Defendant.
  2. 2 Whether service by registered mail is appropriate in the circumstances.

Ratio Decidendi

The court found that personal service of summons on the Defendant is appropriate and, to ensure effective notification, also ordered that the summons be posted to the Defendant by registered mail. This dual approach is consistent with the requirements of the Civil Procedure Rules, which allow for alternative methods of service where necessary to bring the proceedings to the attention of the Defendant.

Court Disposition

application granted

Orders

  • Summons shall be served personally on the Defendant through relevant channels.
  • Summons shall also be posted to the Defendant by registered mail.