[2018] KEHC 35 (KLR)
The court found that the respondent had not been properly served with the hearing notice for the mention date of 1st November, 2017, as the affidavit of service referred to an earlier date and no fresh service was effected before the subsequent mention. The court emphasized the necessity of personal service,...
Source-derived case information.
- Citation
- [2018] KEHC 35 (KLR)
- Parties
- Appellant: Irene Njeru Godfrey; Respondent: Kenya Power & Lighting Co. Ltd
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 103 of 2010
- Procedural Posture
- Civil Appeal / Directions on Service and Mention
- Outcome
- Directions issued for personal service and further mention.
- Judges
- SJ Chitembwe, FN Muchemi
- Legal Topics
- Service of Process, Affidavit of Service, Mention Hearing, Directions by Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Njeru Godfrey
Appellant
Kenya Power & Lighting Co. Ltd
Respondent
Procedural Posture
Civil Appeal / Directions on Service and Mention
Legal Issues
- 1 Whether the respondent was properly served with the hearing notice for the mention date.
- 2 Whether the appellant's counsel complied with the court's requirements for service.
Ratio Decidendi
The court found that the respondent had not been properly served with the hearing notice for the mention date of 1st November, 2017, as the affidavit of service referred to an earlier date and no fresh service was effected before the subsequent mention. The court emphasized the necessity of personal service, especially when the advocate is based within reasonable proximity, and directed that personal service be effected and an affidavit of service be filed before further directions are given.
Court Disposition
Directions issued for personal service and further mention.
Orders
- The matter be listed for mention.
- The appellant’s counsel to serve counsel for the respondent personally.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL APPEAL NO.103 OF 2010
IRENE NJERU GODFREY …………………………………..…………. APPELLANT
VERSUS
KENYA POWER & LIGHTING CO. LTD …………………………… RESPONDENT
DIRECTIONS
This matter was fixed foe mention on 1. 11. 2017 before me. The appellant’s counsel informed the court that he had already filed written submissions. Counsel for the respondent was absent as he had not been served. The case was fixed for a further mention on 16. 11. 2017. Miss Wambugu for the appellant informed the court that the respondent was served and an affidavit of service had been filed. I have perused the affidavit of service and it is referring to service done on 24th October, 2017. This notice is in reference to the mention date of 1. 11. 2017. It is clear to me that when the matter came for mention on 1. 11. 2017, Counsel for the respondent had not been served. This is what Mr. Muthee told the Court. Between 1. 11. 2017 to 16. 11. 2017 no fresh service was effected. In short there was no service upon the respondent or its advocates by 16. 11. 2017 when the appeal came for submissions.
It is not clear to me why an advocate based in Nyeri cannot be served personally instead of sending hearing notices by post. I do order that this matter be listed for mention. The appellant’s Counsel to serve Counsel for the respondent personally and an affidavit of service be filed. Thereafter further directions on the matter will be given by the Presiding Judge.
Dated and Signed at Marsabit this 9th day of May, 2018
S. CHITEMBWE
JUDGE
Dated, Signed and Delivered at Embu this 22nd day of October, 2018
F. MUCHEMI
JUDGE