[2018] KEELC 536 (KLR)

[2018] KEELC 536 (KLR)

The court found that the respondent was duly served through an advertisement in the Standard Newspaper on 18th October 2018 and did not file any response to the Notice of Motion dated 13th September 2018. As a result, the court allowed the application in terms of prayer two only, with costs in the cause, as the...

Source-derived case information.

Citation
[2018] KEELC 536 (KLR)
Parties
Plaintiff: Charles Munene Gatimu; Defendant: Ahmed Muhammed
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 392 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion
Outcome
application allowed in terms of prayer two only; costs in the cause
Judges
LC Komingoi
Legal Topics
Service of Process, Ex Parte Application
Source Language
en
Land and Property Service of Process Ex Parte Application

Source-derived case record

Summary, issues, holding and outcome

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Parties

Charles Munene Gatimu

Plaintiff

Ahmed Muhammed

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether the respondent was duly served with the application as required by law.
  2. 2 Whether the applicant is entitled to the orders sought in prayer two of the Notice of Motion.

Ratio Decidendi

The court found that the respondent was duly served through an advertisement in the Standard Newspaper on 18th October 2018 and did not file any response to the Notice of Motion dated 13th September 2018. As a result, the court allowed the application in terms of prayer two only, with costs in the cause, as the requirements for service and non-response were satisfied.

Court Disposition

application allowed in terms of prayer two only; costs in the cause

Orders

  • The application is allowed in terms of prayer two only.
  • Costs in the cause.