[2024] KEHC 11234 (KLR)
The court found that the 1st to 123rd third parties were properly served with summons to enter appearance by substituted service through advertisement in the Standard Newspaper, as evidenced by the affidavit of service and annexed documents. Their failure to enter appearance within the requisite time entitled the...
Source-derived case information.
- Citation
- [2024] KEHC 11234 (KLR)
- Parties
- Plaintiff: Butali Sugar Mills Ltd; Defendant: Frodak Kenya Limited T/A Frodak Cleaning Services; Proposed Third Party: Abraham K Zakayo & others
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E014 of 2021
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment entered for the plaintiff against the 1st to 123rd third parties for the liquidated sum claimed.
- Judges
- MS Shariff
- Legal Topics
- Substituted Service, Default Judgment, Service of Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Butali Sugar Mills Ltd
Plaintiff
Frodak Kenya Limited T/A Frodak Cleaning Services
Defendant
Abraham K Zakayo & others
Proposed Third Party
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the 1st to 123rd third parties were duly served with summons to enter appearance by substituted service.
- 2 Whether judgment should be entered against the third parties for failure to enter appearance within the requisite time frame.
Ratio Decidendi
The court found that the 1st to 123rd third parties were properly served with summons to enter appearance by substituted service through advertisement in the Standard Newspaper, as evidenced by the affidavit of service and annexed documents. Their failure to enter appearance within the requisite time entitled the plaintiff to judgment for the liquidated sum claimed. The court therefore entered judgment against the third parties for Kshs. 29,489,431 as prayed.
Court Disposition
Judgment entered for the plaintiff against the 1st to 123rd third parties for the liquidated sum claimed.
Orders
- Judgment is entered against the 1st to 123rd third parties for Kshs. 29,489,431.
- The 1st to 123rd third parties having been duly served and failed to enter appearance, the plaintiff is entitled to the liquidated sum.
Full Case Text
Judgment text and source record
20 paragraphs
Butali Sugar Mills Ltd v Frodak Kenya Limited t/a Frodak Cleaning Services; Zakayo & others (Proposed Third Party) (Civil Case E014 of 2021) [2024] KEHC 11234 (KLR) (20 September 2024) (Judgment)
Neutral citation: [2024] KEHC 11234 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Case E014 of 2021
MS Shariff, J
September 20, 2024
Between
Butali Sugar Mills Ltd
Plaintiff
and
Frodak Kenya Limited T/A Frodak Cleaning Services
Defendant
and
Abraham K Zakayo & others
Proposed Third Party
Judgment
1. I have considered the request for judgment dated 6th November, 2023 made against the 1st to 123rd third parties and I have also considered the affidavit of service of Judith Opiyo Orengo sworn on 15th September 2023 and the copy of advertisement made through the Standard Newspaper on 21. 7.2023 annexed as Plaintiff’s annexure JAO-1 and I am satisfied that the 1st to the 123rd interested parties were duly served with summons to enter appearance by way of the aforesaid substituted service and have that notwithstanding failed to enter appearance within the requisite time frame or at all wherefore I do hereby enter judgment against them for a liquidated sum of Kshs.29,489,431.
2. It is hereby so ordered.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE