[2008] KEHC 1851 (KLR)
The court found that the plaintiff had complied with all requirements for substituted service as previously directed, including advertisement in the prescribed newspapers. Since the defendant failed to enter appearance or file a reply, the court was satisfied that service was properly effected. Consequently, the...
Source-derived case information.
- Citation
- [2008] KEHC 1851 (KLR)
- Parties
- Plaintiff: Charles Muya Kabira; Defendant: Jackson Sanko Kapande
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1857 of 2007
- Procedural Posture
- Civil Case / Directions on Application for Hearing of Originating Summons
- Outcome
- Directions granted for hearing of originating summons by affidavit evidence and submissions. Case to be set down for hearing in registry. Costs in the cause.
- Legal Topics
- Adverse Possession, Service of Process, Originating Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muya Kabira
Plaintiff
Jackson Sanko Kapande
Defendant
Procedural Posture
Civil Case / Directions on Application for Hearing of Originating Summons
Legal Issues
- 1 Whether the plaintiff has complied with the requirements for substituted service on the defendant.
- 2 Whether the court should give directions for hearing the originating summons for adverse possession.
Ratio Decidendi
The court found that the plaintiff had complied with all requirements for substituted service as previously directed, including advertisement in the prescribed newspapers. Since the defendant failed to enter appearance or file a reply, the court was satisfied that service was properly effected. Consequently, the court directed that the originating summons for adverse possession be heard by way of affidavit evidence and submissions, and ordered the matter to be set down for hearing in the registry. Costs were ordered to be in the cause.
Court Disposition
Directions granted for hearing of originating summons by affidavit evidence and submissions. Case to be set down for hearing in registry. Costs in the cause.
Orders
- The originating summons shall be heard by way of affidavit evidence and submissions.
- The case shall be set down for hearing in the registry.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 1857 of 2007
CHARLES MUYA KABIRA ……….……………………. PLAINTIFF
VERSUS
JACKSON SANKO KAPANDE ……..……………. RESPONDENT
RULING
ON DIRECTIONS APPLICATION 18. 4.2008
UNDER ORDER XXXVI r 8a, 12 CPR
I: Procedure
1. The subject of the main suit is Adverse Possession for Land LR Ngong/Ngong/10555.
2. The defendant Jackson Sanko Kapande was not traced. His whereabouts is unknown. The plaintiff, Charles Muya Kabira applied for substitutive service which was duly granted to serve by alternative means on 9 February 2007 (Aluoch J). The plaintiff advertised in the Times Newspapers. This court directed that there be further service by way of substantive service in the Nation Newspaper or the Standard Newspapers.
3 The plaintiff duly complied. The advertisement having been duly effected, the defendant/respondent having failed to enter appearance and file reply, the plaintiff filed application dated 18 April 2008 seeking this courts direction[1].
II: Application 18 April 2008.
4. This court hereby gives directions that the Originating Summons herein be heard by way of affidavit evidence submissions.
5. That this case be set down for hearing in registry. The costs be in the cause.
DATED THIS 5TH DAY OF JUNE 2008 AT NAIROBI.
M.A. ANG’AWA
JUDGE
W.K. Gathogo instructed by Wambugu Motende & Co. Advocates for the plaintiff/applicant - present
Jackson Sanko the defendant in person -absent
[1] IXA R 8, IXB;
XXXVI R 8A, 12 CIVIL PROCEDURE RULES