[2018] KEHC 7867 (KLR)
The court found that the applicants had demonstrated sufficient difficulty in effecting personal service on the respondents, who reside in the United States. Given the need for all beneficiaries to participate in the confirmation of grant and distribution of the estate, and in line with the overriding objectives of...
Source-derived case information.
- Citation
- [2018] KEHC 7867 (KLR)
- Parties
- Applicant: Jayne Ruth Guama; Respondent: Respondents (children of the deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1162 of 2016
- Procedural Posture
- Succession Cause / Ruling on Exparte Chamber Summons for Substituted Service
- Outcome
- application allowed
- Legal Topics
- Substituted Service, Confirmation of Grant, Service Outside Jurisdiction, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jayne Ruth Guama
Applicant
Respondents (children of the deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Exparte Chamber Summons for Substituted Service
Legal Issues
- 1 Whether leave should be granted to effect substituted service of the application for confirmation of grant upon respondents residing outside Kenya.
- 2 Whether service through DHL Courier Services constitutes proper service under the Civil Procedure Rules.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient difficulty in effecting personal service on the respondents, who reside in the United States. Given the need for all beneficiaries to participate in the confirmation of grant and distribution of the estate, and in line with the overriding objectives of the Civil Procedure Act, the court held that substituted service through DHL Courier Services to the respondents' last known address was appropriate and would ensure expeditious disposal of the matter. The application for substituted service was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- Leave is granted to effect substituted service of the application for confirmation of grant upon the respondents through DHL Courier Services to their last known address in the United States as prayed in prayer two of the application.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1162 OF 2016
IN THE MATTER OF THE ESTATE OF JAMES ALLAN GUAM (DECEASED)
RULING
1. Through exparte Chamber Summons dated 23rd February 2018 but filed in court on 26th February 2018, the applicants herein sought leave of the court to effect substituted service of the application for confirmation of grant upon the respondents herein who are beneficiaries but residents of United States of America.
2. Application which is filed under Sections 1A, 1B, 3A of CPA, Order 5 rule 5(c) & 17, 21 (d) and 25 of Civil Procedure Rules is premised on grounds on the face of it and affidavit in support deponed on 23rd February 2018 by Jayne Ruth Guama on her behalf and that of her co-petitioners seeking to effect service upon the respondents vide DHL Courier Services through their last known address referred to as 3114 Livonia Avenue Apartment No. 6 Los Angeles California 90034 USA.
3. I have considered application herein and affidavit in support. The respondents are children of the deceased and the 1st applicant herein and also siblings to the rest of the applicants. It is the applicants’ contention that it has been difficult to reach the respondents physically for direct service due to the distance hence the prayer for substitution. A perusal of the court file shows that the respondents had signed the consent for grant of letters of administration intestate but could not be available for signing of the consent for confirmation of grant and mode of distribution.
4. For purposes of convenience, expeditious disposal of this matter in accordance with Sections 1A, 1B & 3A of the Civil Procedure Rules and to ensure that all beneficiaries take part in the distribution of the estate, it is important that the respondents be served through DHL as a licenced and recognized international courier service provider as prayed by the respondents. Accordingly application is allowed as prayed in terms of prayer two.
Order accordingly.
SIGNED, DATED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF MARCH 2018.
J.N. ONYIEGO (JUDGE)
In the presence of:
Mr. Maina..........Counsel for the Applicant
Edwin....................Court Assistant