[2014] KEHC 855 (KLR)
The court found that the applicant had demonstrated sufficient cause for the renewal and extension of the validity of summons, as numerous attempts to serve the defendant personally had failed and the defendant could not be traced. The law under Order 5 Rule 2 of the Civil Procedure Rules allows for such extension...
Source-derived case information.
- Citation
- [2014] KEHC 855 (KLR)
- Parties
- Plaintiff: Douglas Mogire Mekenya, Charges Ondieki Nyambui Training As Shipwright Solutions 7 Logistics & Shipflight Solutions & Logistics ICN; Defendant: Alexander Mukanga Omindo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 363 of 2013
- Procedural Posture
- Civil Case / Ruling on Application for Renewal and Extension of Summons, and Substituted Service
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Renewal of Summons, Substituted Service, Service of Process, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Mogire Mekenya, Charges Ondieki Nyambui Training As Shipwright Solutions 7 Logistics & Shipflight Solutions & Logistics ICN
Plaintiff
Alexander Mukanga Omindo
Defendant
Procedural Posture
Civil Case / Ruling on Application for Renewal and Extension of Summons, and Substituted Service
Legal Issues
- 1 Whether the court should renew and extend the validity of summons for another 12 months.
- 2 Whether the court should allow substituted service on the defendant via local daily newspapers.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient cause for the renewal and extension of the validity of summons, as numerous attempts to serve the defendant personally had failed and the defendant could not be traced. The law under Order 5 Rule 2 of the Civil Procedure Rules allows for such extension upon application. Further, the court held that substituted service by advertisement in a local daily newspaper is appropriate where personal service is impracticable, as provided under Order 5 Rule 17. The application was unopposed, and the court was satisfied that granting the orders sought would not prejudice the defendant and would serve the interests of justice. Accordingly,...
Court Disposition
application allowed
Orders
- The summons herein are renewed and their validity extended for another 12 months.
- The defendant shall be served by way of substituted service in any one of the local daily newspapers, i.e., the Daily Nation or Standard Newspaper.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL &ADMIRALTY DIVISION
CIVIL CASE NO. 363 OF 2013
DOUGLAS MOGIRE MEKENYA
CHARGES ONDIEKI NYAMBUI Training As
SHIPWRIGHT SOLUTIONS 7 LOGISTICS
& SHIPFLIGHT SOLUTIONS & LOGISTICS
ICN :::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFFS/APPLICANT
VERSUS
ALEXANDER MUKANGA OMINDO ::::: DEFENDANT/RESPONDENT
R U L I N G
The Notice of Motion before the court is dated 8th September 2014. It is filed under Order 5 Rules 2 (1) (2) (3) (4) (5) (6), & Rule 17, Order 50 Rule 6 and Order 51 Rule (1) (4) of the Civil Procedure Rules 2010, Sections 3A, 63 (e) & 95 of the Civil Procedure Act.
The application seeks the following orders:-
That summons herein be renewed and their validity extended for another 12 months.
That service of the application herein be dispensed with.
That the Defendant herein be served by way of substituted service in any one of the local dailies i.e. The Daily Nation or Standard Newspaper or as this Honourable Court may deem fit.
That the costs of this application be provided for.
The application is based on the following grounds:-
The suit herein was filed in court on 20th August 2013 and summons issued on 29th August 2013.
That numerous attempts to effect personal service of summons and pleadings on the Defendant have been futile as the Defendant has been difficult to trace.
Despite being served via registered post office he has failed and or refused to enter appearance.
The law contemplates that where summons are due to expire then they can be extended via an application to court.
No prejudice whatsoever or at all would be occasioned upon the Defendant if this application is allowed.
It is in the interest of justice that this application be allowed.
The application is not opposed. I have considered it and found it merited. I make the following orders:-
The summons herein are herewith renewed and their validity extended for another 12 months.
The Defendants herein shall be served by way of substituted service in any one of the local daily newspaper i.e. the Daily Newspaper or Standard Newspaper.
Costs shall be in the cause.
Orders accordingly.
DATED, READ AND DELIVERED AT NAIROBI
THIS 18TH DAY OF NOVEMBER 2014
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for the Plaintiffs/Applicant
No appearance for the Defendant/Respondent
Teresia – Court Clerk