[2012] KEHC 3897 (KLR)
The court found that the defendants had been properly served as evidenced by the affidavit of service, which provided sufficient detail regarding the manner of service, including the information provided by the 2nd defendant's wife. The Deputy Registrar's rejection of the affidavit was not justified. As the...
Source-derived case information.
- Citation
- [2012] KEHC 3897 (KLR)
- Parties
- Plaintiff: Joyce Kagechi Gichuiya; Defendant: Eliseva Protasio Njagi; Defendant: Bernard Ndwiga Njagi; Defendant: John Njue Njagi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 56 of 2008
- Procedural Posture
- Civil Appeal / Directions Before Hearing
- Outcome
- Matter to be listed for hearing; service deemed proper.
- Legal Topics
- Service of Process, Entry of Appearance, Filing of Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Kagechi Gichuiya
Plaintiff
Eliseva Protasio Njagi
Defendant
Bernard Ndwiga Njagi
Defendant
John Njue Njagi
Defendant
Procedural Posture
Civil Appeal / Directions Before Hearing
Legal Issues
- 1 Whether the defendants were properly served with summons and pleadings.
- 2 Whether the Deputy Registrar was justified in rejecting the affidavit of service.
- 3 Whether the matter should proceed to hearing in the absence of appearance or defence by the defendants.
Ratio Decidendi
The court found that the defendants had been properly served as evidenced by the affidavit of service, which provided sufficient detail regarding the manner of service, including the information provided by the 2nd defendant's wife. The Deputy Registrar's rejection of the affidavit was not justified. As the defendants failed to enter appearance or file a defence, the court directed that the matter be listed for hearing, recognizing the importance of expeditious disposal of land matters and the need to proceed in the absence of a defence when service is properly effected.
Court Disposition
Matter to be listed for hearing; service deemed proper.
Orders
- The matter is to be listed for hearing.
- Affidavit of service is accepted as valid.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL APPEAL 56 OF 2008
JOYCE KAGECHI GICHUIYA..........................................................PLAINTIFF
VERSUS
ELISEVA PROTASIO NJAGI...............................................1ST DEFENDANT
BERNARD NDWIGA NJAGI...............................................2ND DEFENDANT
JOHN NJUE NJAGI.............................................................3RD DEFENDANT
D I R E C T I O N S
I have studied the file. It’s clear the Defendants have been served but there is no entry of appearance nor filing of defence. I have had the opportunity of reading through the affidavit of service sworn on 4/8/2011. Paragraph 3 explains how the 2nd Defendant’s wife told the Deponent of the whereabouts of the 2nd Defendant. What happened next is explained in the following paragraphs. Paragraph 7 and 8 explains it well. I find that the Deputy Registrar had no good reason for rejecting it.
Being a land matter I direct that it be listed for hearing.
DATED, SIGNED AND DELIVERED AT EMBU THIS 26TH DAY OF JUNE 2012.
H.I. ONG’UDI
JUDGE
In the presence of;
Mr. Njage for Plaintiff
Njue – C/c