[2015] KEHC 3244 (KLR)
The court found that the plaintiff had demonstrated that the defendant could not be traced for personal service, justifying the grant of substituted service. The court also held that it was necessary to issue an inhibition order to preserve the suit property, Land Parcel No. ABOGETA/NKACHIE/660, pending the hearing...
Source-derived case information.
- Citation
- [2015] KEHC 3244 (KLR)
- Parties
- Plaintiff: Hellen Kairemu Muriira; Defendant: Raphael Muturi Njogu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 138 of 2014
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- Application allowed; orders granted as prayed with directions for compliance and hearing.
- Legal Topics
- Substituted Service, Inhibition Orders, Compliance With Civil Procedure Rules, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hellen Kairemu Muriira
Plaintiff
Raphael Muturi Njogu
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff should be allowed to serve the defendant by substituted service.
- 2 Whether an inhibition order should issue restraining dealings in Land Parcel No. ABOGETA/NKACHIE/660 pending determination of the suit.
- 3 Whether directions on compliance and hearing timelines should be given.
Ratio Decidendi
The court found that the plaintiff had demonstrated that the defendant could not be traced for personal service, justifying the grant of substituted service. The court also held that it was necessary to issue an inhibition order to preserve the suit property, Land Parcel No. ABOGETA/NKACHIE/660, pending the hearing and determination of the suit. The court further directed both parties to comply with Order 11 of the Civil Procedure Rules within specified timelines to expedite the hearing. The orders were made to ensure the fair and efficient administration of justice and to prevent prejudice to either party.
Court Disposition
Application allowed; orders granted as prayed with directions for compliance and hearing.
Orders
- An order of inhibition is issued restraining any dealings in Land Parcel NO. ABOGETA/NKACHIE/660 pending the hearing and determination of this suit.
- The plaintiff shall fully comply with Order 11 Civil Procedure Rules within 30 days of this ruling.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 138 OF 2014
IN THE MATTER OF L. R. NO. ABOGETA/NKACHIE/660
AND
IN THE MATTER OF THE LIMITATION OF ACTIONS ACT (CAP)221 LAWS OF KENYA
AND
IN THE MATTER THE REGISTERED LANDS ACT(CAP 300 LAWS OF KENYA)
AND
IN THE MATTER OF ORDER 37 OF THE CIVIL PROCEDURE RULES
BETWEEN
HELLEN KAIREMU MURIIRA
VERSUS
RAPHAEL MUTURI NJOGU
R U L I N G
This application is dated 22nd day of September, 2014 and seeks Orders:-
THATthis application be heard on priority basis.
THATthe Honourable Court be pleased to allow Plaintiff to serve the defendant by way of substituted service.
THATan inhibition do issue restraining any dealings in Land Parcel No. ABOGETA/NKACHIE/660 pending the hearing and determination of this application.
THATcosts of this application be provided for.
It is supported by the affidavit of the applicant and has the following grounds:-
Defendant cannot be traced for service.
Prayers 2 and 3 were granted exparte on 24/09/2014. Advocates representing the parties were in Court today. The Respondent was also in Court. The matter is deemed to have been heard intepartes and the application is deemed to be allowed following interpartes oral submissions. To expedite the hearing and determination of this suit I issue the following Orders:-
An Order of inhibition is issued restraining any dealings in Land Parcel NO. ABOGETA/NKACHIE/660 pending the hearing and determination of this suit.
The Plaintiff should fully comply with Order 11 CPR within 30 days of today and the defendant is to do so within 30 days after the service of compliance documents upon him by the Plaintiff.
The Plaintiff should set the case down for hearing within 30 days after achievement of the apposite compliance.
Costs shall be in the caused.
Directions on 16/10/2015.
Delivered in Open Court at Meru this 7th day of July, 2015 in the presence of:
Cc Daniel/Lilian
Mbogo for Plaintiff
Kiautha Arithi for defendant
P.M.NJOROGE
JUDGE