[2011] KEHC 1081 (KLR)

[2011] KEHC 1081 (KLR)

The court found that, since the respondent had already appointed advocates on record as of 11-6-2010, service of process should have been effected directly upon those advocates rather than upon the respondent personally. The failure to serve the respondent's advocates rendered the service improper. Consequently, the...

Source-derived case information.

Citation
[2011] KEHC 1081 (KLR)
Parties
Applicant: J.A.A; Respondent: P.C.P
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
26 October 2011
Case Number
Divorce Cause 22 of 2009
Procedural Posture
Divorce Cause / Interlocutory Ruling on Service of Process
Outcome
Application for further proceedings declined due to improper service. Directions issued for proper service.
Judges
HK Chemitei
Legal Topics
Divorce Proceedings, Service of Process, Affidavit of Means
Source Language
english
Family and Children Divorce Proceedings Service of Process Affidavit of Means

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Summary, issues, holding and outcome

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Parties

J.A.A

Applicant

P.C.P

Respondent

Procedural Posture

Divorce Cause / Interlocutory Ruling on Service of Process

Legal Issues

  1. 1 Whether proper service of process was effected upon the respondent's advocate as required by law.
  2. 2 Whether the proceedings could continue in the absence of proper service.

Ratio Decidendi

The court found that, since the respondent had already appointed advocates on record as of 11-6-2010, service of process should have been effected directly upon those advocates rather than upon the respondent personally. The failure to serve the respondent's advocates rendered the service improper. Consequently, the court declined to proceed with the matter and directed the applicant to take a fresh date at the registry and effect proper service upon the respondent's advocates. Costs were ordered to be in the cause.

Court Disposition

Application for further proceedings declined due to improper service. Directions issued for proper service.

Orders

  • Plaintiff to take a fresh date at the registry and effect proper service upon the defendant's advocates directly.
  • Costs in the cause.