[2006] KEHC 2676 (KLR)
The court found that the plaintiff's action falls within the categories of actions specified in Order V Rule 21 of the Civil Procedure Rules, thereby justifying the grant of leave to serve summons on the 4th and 6th defendants outside the court's jurisdiction. The court was satisfied by the evidence provided in the...
Source-derived case information.
- Citation
- [2006] KEHC 2676 (KLR)
- Parties
- Plaintiff: Fulchand M. Shah; Defendant: Panachand J Shah & Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 261 of 2004
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Serve Out of Jurisdiction
- Outcome
- Application granted.
- Judges
- MM Kasango
- Legal Topics
- Service Out of Jurisdiction, Leave of Court, Summons, Appearance Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fulchand M. Shah
Plaintiff
Panachand J Shah & Others
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Serve Out of Jurisdiction
Legal Issues
- 1 Whether the plaintiff should be granted leave to serve summons on the 4th and 6th defendants outside the court's jurisdiction.
- 2 Whether the action falls within the categories of actions under Order V Rule 21 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff's action falls within the categories of actions specified in Order V Rule 21 of the Civil Procedure Rules, thereby justifying the grant of leave to serve summons on the 4th and 6th defendants outside the court's jurisdiction. The court was satisfied by the evidence provided in the supporting affidavit regarding the defendants' residence in the United Kingdom and exercised its discretion to allow service out of jurisdiction.
Court Disposition
Application granted.
Orders
- Leave is granted to the plaintiff to serve summons upon the 4th and 6th defendants out of the court’s jurisdiction.
- The 4th and 6th defendants shall enter an appearance within 30 days of service of summons.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Suit 261 of 2004
FULCHAND M. SHAH……………………......……………………PLAINTIFF
VERSUS
PANACHAND J SHAH & OTHERS ………………...………DEFENDANT
R U L I N G
The plaintiff’s chamber summons application dated 16th march 2006 is brought under Order V Rule 21, 21 A (c) and 23 of the Civil Procedure Rules.
The plaintiff seeks leave of this court to serve the summons on the 4th and 6th Defendants out of this court’s jurisdiction.
The plaintiff in his supporting affidavit stated that he instructed investigators to carry out investigation on the whereabouts of the said defendants and the investigator found that the said defendants are residents of the United Kingdom.
Having considered the plaint the court finds that this action falls within the categories of actions in Order V Rule 21 and therefore summons can be allowed to be effected outside this court’s jurisdiction.
The court will therefore grant the following orders: -
(1)That leave is hereby granted to the plaintiff to serve summons upon the 4th and 6th defendants out of the court’s jurisdiction.
(2)The 4th and 6th defendant will enter an appearance in this matter within 30 days of service of summons.
(3)The costs of the chamber summons dated 16th March 2006 shall be in the cause.
MARY KASANGO
JUDGE
Dated and delivered this 28th April 2006.
MARY KASANGO
JUDGE