[2007] KEHC 2172 (KLR)
The court found that the Plaintiff had made sufficient and diligent efforts to serve the Defendant personally, as evidenced by the process server's affidavit detailing multiple unsuccessful attempts at known locations. Given the inability to effect personal service, the court held that substituted service by...
Source-derived case information.
- Citation
- [2007] KEHC 2172 (KLR)
- Parties
- Plaintiff: Haniel Mugo Muriuki (Suing as the Administrators of the Estate of Damaris Muriuki Wanjiru); Defendant: Morris Maina Njaramba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 124 of 2005
- Procedural Posture
- Civil Case / Ruling on Application for Substituted Service
- Outcome
- Application for substituted service allowed.
- Judges
- JL Osiemo
- Legal Topics
- Substituted Service, Service of Process, Chamber Summons
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haniel Mugo Muriuki (Suing as the Administrators of the Estate of Damaris Muriuki Wanjiru)
Plaintiff
Morris Maina Njaramba
Defendant
Procedural Posture
Civil Case / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the Plaintiff should be granted leave to serve the Defendant by substituted service through advertisement in the Daily Nation Newspapers.
- 2 Whether the Plaintiff is entitled to costs of the application.
Ratio Decidendi
The court found that the Plaintiff had made sufficient and diligent efforts to serve the Defendant personally, as evidenced by the process server's affidavit detailing multiple unsuccessful attempts at known locations. Given the inability to effect personal service, the court held that substituted service by advertisement in the Daily Nation Newspapers was justified and in accordance with Order V Rule 17 of the Civil Procedure Rules. The court therefore granted the Plaintiff's application for substituted service and awarded costs of the application to the Plaintiff.
Court Disposition
Application for substituted service allowed.
Orders
- Leave is granted to the Plaintiff to effect service upon the Defendant by way of advertisement in the Daily Nation Newspapers.
- The costs of this application are awarded to the Plaintiff in any event.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 124 OF 2005
HANIEL MUGO MURIUKI (Suing as the Administrators of the Estate of
DAMARIS MURIUKI WANJIRU)……......................................…PLAINTIFF
VERSUS
MORRIS MAINA NJARAMBA……………….......….....…...DEFENDANT
RULING
By this Chamber Summons dated 5th February 2007 and expressed to be brought under Order V R 17 of the Civil Procedure Rules the Plaintiff seeks leave to effect service upon the Defendant by way of an advertisement in the Daily Nation Newspapers and that the costs of this application be awarded to the Plaintiff in any event. The application is based on the ground that the Plaintiff has made futile attempts to effect service of process at the Railway Station, the Bus Station and at Kangemi where the matatu terminus are located.
The application is also supported by an affidavit sworn by Hudson Ongach Mbogani a process server duly authorized to serve process showing the numerous dates he tried to trace the Defendant but to no avail.
In the circumstances the only way out is substituted service and I allow the Plaintiff’s application in terms of Prayers 1 and 2 of the Chamber Summons dated 5th February 2007.
Dated and delivered at Nairobi this 18th day of July 2007.
J.L.A. OSIEMO
JUDGE