[2018] KEELC 550 (KLR)
The court found that the respondents were properly served with the application by way of advertisement in the Standard newspapers on 29th October 2018, as evidenced by the affidavit of service. There being no response from the respondents, the court was satisfied that service was effected in accordance with the law...
Source-derived case information.
- Citation
- [2018] KEELC 550 (KLR)
- Parties
- Plaintiff: Dinah Nyabonyi Njeru; Defendant: Embakasi Ranching Co. Ltd; Defendant: The Hon. Attorney General; Defendant: The Registrar of Lands Nairobi; Defendant: Rahab Wanjiku
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 269 of 2019
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- interlocutory application allowed (prayers 4, 6, and 7 granted)
- Judges
- LC Komingoi
- Legal Topics
- Service of Process, Interlocutory Applications, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dinah Nyabonyi Njeru
Plaintiff
Embakasi Ranching Co. Ltd
Defendant
The Hon. Attorney General
Defendant
The Registrar of Lands Nairobi
Defendant
Rahab Wanjiku
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the respondents were properly served with the application as required by law.
- 2 Whether the court should grant prayers 4, 6, and 7 of the Notice of Motion dated 28th August 2018.
Ratio Decidendi
The court found that the respondents were properly served with the application by way of advertisement in the Standard newspapers on 29th October 2018, as evidenced by the affidavit of service. There being no response from the respondents, the court was satisfied that service was effected in accordance with the law and that the application was unopposed. Consequently, the court allowed prayers 4, 6, and 7 of the Notice of Motion dated 28th August 2018, with costs of the application to abide the outcome of the main suit.
Court Disposition
interlocutory application allowed (prayers 4, 6, and 7 granted)
Orders
- Prayers 4, 6, and 7 of the Notice of Motion dated 28th August 2018 are allowed.
- Costs of the application to abide the outcome of the main suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CIVIL SUIT NO. 269 OF 2018
DINAH NYABONYI NJERU.....................................................................PLAINTIFF
VERSUS
EMBAKASI RANCHING CO. LTD..................1ST DEFENDANT/RESPONDENT
THE HON. ATTORNEY GENERAL.................2ND DEFENDANT/RESPONDENT
THE REGISTRAR OF LANDS NAIROBI.......3RD DEFENDANT/RESPONDENT
RAHAB WANJIKU..............................................4TH DEFENDANT/RESPONDENT
RULING
I have perused the affidavit of service sworn by Sospeter Opondo Aminga Advocate on the 5th October 2018. I am satisfied that the respondents were served by an advertisement in the standard newspapers of 29th October 2018. There is no response to the application. I hereby allow prayer 4, 6 and 7 of the Notice of Motion dated 28th August 2018. The costs of the application do abide the outcome of the main suit.
It is so ordered.
Dated, signed and delivered in Nairobi on this 17TH day of DECEMBER 2018
L. KOMINGOI
JUDGE
In the presence of:-
……………………………………………………………….Advocate for Plaintiff
………………………………………………………....Advocate for the Defendants
……………………………………………….………………………Court Assistant