[2018] KEELC 1082 (KLR)
The court found that the plaintiff had made sufficient attempts to serve the 3rd and 4th defendants personally, as evidenced by affidavits on record. Since the whereabouts of the 3rd and 4th defendants were unknown, and personal service was not possible, the court exercised its discretion under the Civil Procedure...
Source-derived case information.
- Citation
- [2018] KEELC 1082 (KLR)
- Parties
- Plaintiff: Daniel Kipkemoi Sang (suing as the legal representative of the estate of Kimibei Arap Tue (Deceased)); Defendant: Samuel Kiptanui Koskei; Defendant: The District Land Registrar, Nakuru; Defendant: Moses Ndua Mbugua; Defendant: Francis Githinga Kiarie
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 170 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substituted Service
- Outcome
- application for substituted service allowed
- Legal Topics
- Substituted Service, Service of Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kipkemoi Sang (suing as the legal representative of the estate of Kimibei Arap Tue (Deceased))
Plaintiff
Samuel Kiptanui Koskei
Defendant
The District Land Registrar, Nakuru
Defendant
Moses Ndua Mbugua
Defendant
Francis Githinga Kiarie
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether leave should be granted to serve the 3rd and 4th defendants by substituted means.
Ratio Decidendi
The court found that the plaintiff had made sufficient attempts to serve the 3rd and 4th defendants personally, as evidenced by affidavits on record. Since the whereabouts of the 3rd and 4th defendants were unknown, and personal service was not possible, the court exercised its discretion under the Civil Procedure Rules to allow substituted service. The court directed that service be effected by advertisement in either the Daily Nation or Standard Newspaper within 30 days, and that the advertisement should indicate the next mention date for directions.
Court Disposition
application for substituted service allowed
Orders
- Leave is granted to serve the 3rd and 4th defendants by substituted means.
- Service to be effected through advertisement in either the Daily Nation or Standard Newspaper.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 170 OF 2012
DANIEL KIPKEMOI SANG (suing as the legal representative of the estate of
Kimibei Arap Tue ( DECEASED)......................................................PLAINTIFF
VERSUS
SAMUEL KIPTANUI KOSKEI..............................................1ST DEFENDANT
THE DISTRICT LAND REGISTRAR, NAKURU..............2ND DEFENDANT
MOSES NDUA MBUGUA......................................................3RD DEFENDANT
FRANCIS GITHINGA KIARIE..........................................4TH DEFENDANT
RULING
1. I have read the application dated 20 July 2018 seeking leave to serve the 3rd and 4th defendants by substituted means. I have read the supporting affidavit and the affidavit of the process server on the attempts made to serve the 3rd and 4th defendants. It does appear that the whereabouts of the 3rd and 4th defendants are unknown.
2. I therefore allow the application to serve the 3rd and 4th defendants by substituted means. I direct that the 3rd and 4th defendants to be served through an advertisement in either the Daily Nation or Standard Newspaper. I further direct that the advertisement be placed within the next 30 days. The advertisement to also reflect that this case will be mentioned on 13 December 2018 for directions.
3. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 3RD day of October 2018.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of : -
Mr. Mutai for the plaintiff.
Mr. Odundo for the 1st defendant.
No appearance for the 2nd defendant.
Court Assistant: Nelima Janepher.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU