[2016] KEHC 4613 (KLR)
The court found that the defendants had demonstrated sufficient difficulty in effecting personal service on the third party, Sumry Bus Service, as their agents in Nairobi refused to accept service. In the absence of opposition and upon consideration of the submissions, the court held that substituted service by...
Source-derived case information.
- Citation
- [2016] KEHC 4613 (KLR)
- Parties
- Plaintiff: Arthur Mwara Kariuki (suing as the administrator of the estate of Ann Njambi Kariuki, Deceased); Defendant: Peter Macharia Kamau; Defendant: Ray Light Traders and Suppliers; Defendant: Sumry Bus Service
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 45 of 2011
- Procedural Posture
- Civil Case / Ruling on Application for Substituted Service
- Outcome
- Application for leave to serve third party by substituted service granted.
- Judges
- RE Aburili
- Legal Topics
- Substituted Service, Service of Process, Third Party Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arthur Mwara Kariuki (suing as the administrator of the estate of Ann Njambi Kariuki, Deceased)
Plaintiff
Peter Macharia Kamau
Defendant
Ray Light Traders and Suppliers
Defendant
Sumry Bus Service
Defendant
Procedural Posture
Civil Case / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether leave should be granted to serve the third party by substituted service through advertisement in the media.
- 2 Whether affixing copies of the pleadings at the third party's agency offices is appropriate.
Ratio Decidendi
The court found that the defendants had demonstrated sufficient difficulty in effecting personal service on the third party, Sumry Bus Service, as their agents in Nairobi refused to accept service. In the absence of opposition and upon consideration of the submissions, the court held that substituted service by advertisement in a local daily of national circulation, as well as affixing the relevant documents at the third party's agency offices, was appropriate and likely to bring the suit to the attention of the third party. The court therefore granted leave for substituted service as prayed.
Court Disposition
Application for leave to serve third party by substituted service granted.
Orders
- Leave is granted to serve the third party, Sumry Bus Service, with copies of the plaint, defence, and third party notice by way of advertisement in at least one local daily of national circulation.
- Copies of the plaint, defence, third party defence, and third party notice shall also be affixed to the third party’s agency offices located in Nairobi City.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 45 OF 2011
ARTHUR MWARA KARIUKI(suing as the administrator of the estate of ANN NJAMBI KARIUKI(Deceased)……………………............…………………………..PLAINTIFF
VERSUS
PETER MACHARIA KAMAU ………………………………………..1ST DEFENDANT
RAY LIGHT TRADERS AND SUPPLIERS ………………………..2ND DEFENDANT
AND
SUMRY BUS SERVICE ………………………………………………..THIRD PARTY
RULING
The application dated 10th February 2016 seeks for leave to serve the 3rd party Sumry Bus Service by way of substituted service by way of an advertisement in the media as the defendant is unable to serve the 3rd party offices in Nairobi whose agents have refused to accept service.
The application is not opposed. I have considered the application and submissions by Mr Odongo counsel for the defendants. I find the application merited. In the circumstances, I grant the prayers for leave to serve the 3rd party Sumry Bus Service copies of the plaint, defence and 3rd party notice by way of substituted service by way if an advertisement in at least one of the local dailies of national circulation. I also direct that copies of the plaint, defence and 3rd party, defence and 3rd party notice be affixed to the 3rd party’s agency offices located in Nairobi City.
The above notices to give the 3rd party Sumry Bus Service 30 days from date of notification to enter appearance to the suit herein.
Costs in the cause.
Orders accordingly.
R.E. ABURILI
JUDGE
25/4/2016