[2011] KEHC 93 (KLR)
The court found that personal service on the respondents was not possible as some respondents were unknown to the applicants and resided outside the local community. The applicants had obtained the respondents' names from the Lands Registry, indicating reasonable efforts to identify and locate them. Given these...
Source-derived case information.
- Citation
- [2011] KEHC 93 (KLR)
- Parties
- Applicant: Fredrick Kiura Nyaga; Applicant: Waweru Mugo Rimunya; Applicant: Ernest Mugo Kivuti; Respondent: Justino Njue M’mbuchi & Others
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 63 of 2011
- Procedural Posture
- Civil Case / Ruling on Ex Parte Application for Substituted Service
- Outcome
- Application for substituted service allowed.
- Legal Topics
- Substituted Service, Service of Process, Originating Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Kiura Nyaga
Applicant
Waweru Mugo Rimunya
Applicant
Ernest Mugo Kivuti
Applicant
Justino Njue M’mbuchi & Others
Respondent
Procedural Posture
Civil Case / Ruling on Ex Parte Application for Substituted Service
Legal Issues
- 1 Whether the court should grant leave for substituted service by advertisement in the Daily Nation newspaper.
- 2 Whether personal service on the respondents is practicable in the circumstances.
Ratio Decidendi
The court found that personal service on the respondents was not possible as some respondents were unknown to the applicants and resided outside the local community. The applicants had obtained the respondents' names from the Lands Registry, indicating reasonable efforts to identify and locate them. Given these circumstances, the court was satisfied that substituted service by advertisement in a widely circulated newspaper was justified and would sufficiently bring the proceedings to the respondents' attention. The court therefore granted leave for service by advertisement in the Daily Nation, with a requirement for the respondents to enter appearance within 21 days of publication.
Court Disposition
Application for substituted service allowed.
Orders
- Respondents to be served through a clear conspicuous advertisement in the Daily Nation newspaper on a working day.
- Respondents to enter appearance within 21 days of the said advertisement.
Full Case Text
Judgment text and source record
21 paragraphs
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REPUBLIC OF KENYA
HIGH COURT AT EMBU
Civil Case 63 of 2011
FREDRICK KIURA NYAGA……………………….…………………………………….1ST APPLICANT
WAWERU MUGO RIMUNYA……………………..……………………………………2ND APPLICANT
ERNEST MUGO KIVUTI…………………………………………...…………………..3RD APPLICANT
VERSUS
JUSTINO NJUE M’MBUCHI & OTHERS………...........…………….………………1ST RESPONDENT
R U L I N G
This is the Notice of Motion (exparte) under Order 5 Rule 17 Civil Procedure Rules for substituted service. The Application is supported by affidavit of Fredrick Kiura Nyaga one of the Applicants herein.
He depones that they do not know some of the Respondents who are from outside Mbeere Community. They got their names from the Lands Registry after searches were done. They therefore pray the court allows for service of the Originating Summons by Advertisement in the DAILY NATION NEWSPAPER.
I am satisfied that personal service may not be possible in the circumstances raised in the affidavit.
I therefore direct that the Respondents be served through a clear conspicuous advertisement in the DAILY NATION on a working day. The Respondents will be expected to enter appearance within 21 days of the said advertisement. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 18TH DAY OF OCTOBER 2011.
H.I. ONG’UDI
JUDGE