[2009] KEHC 1448 (KLR)
The court found that although the plaintiff had attempted service and the defendant refused to acknowledge, the interests of justice required that the defendant be served again, this time through the court process server. The court held that if the defendant still failed to respond after such service, the plaintiff...
Source-derived case information.
- Citation
- [2009] KEHC 1448 (KLR)
- Parties
- Plaintiff: Kenya Bureau of Standards; Defendant: Lunga Lunga Timber Mart Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 331 of 2009
- Procedural Posture
- Civil Suit / Preliminary Directions on Service and Affidavits
- Outcome
- Hearing adjourned; directions issued for re-service and further affidavits.
- Judges
- DA Onyancha
- Legal Topics
- Service of Process, Affidavit Filing, Ex Parte Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Bureau of Standards
Plaintiff
Lunga Lunga Timber Mart Limited
Defendant
Procedural Posture
Civil Suit / Preliminary Directions on Service and Affidavits
Legal Issues
- 1 Whether proper service of court documents was effected on the defendant.
- 2 Whether the plaintiff should be allowed to proceed ex parte if the defendant fails to respond after re-service.
Ratio Decidendi
The court found that although the plaintiff had attempted service and the defendant refused to acknowledge, the interests of justice required that the defendant be served again, this time through the court process server. The court held that if the defendant still failed to respond after such service, the plaintiff would be permitted to proceed ex parte. The decision was guided by the need to ensure fair notice and opportunity to be heard, as well as compliance with procedural requirements for service.
Court Disposition
Hearing adjourned; directions issued for re-service and further affidavits.
Orders
- Hearing postponed to 13th July, 2009.
- Plaintiff/Applicant to serve the whole process together with this order through the court process server on or before 3rd July, 2009.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Civil Suit 331 of 2009
KENYABUREAU OF STANDARDS…………………..…PLAINTIFF
VERSUS
LUNGA LUNGA TIMBER MART LIMITED. ………... DEFENDANT
1/7/2009
Coram: Onyancha J
Shikumo – court clerk
Omino for Applicant/Plaintiff
Omino: We served the Defendant on 24th June, 2009. They declined to sign. There is a return of service. The supplementary (further affidavit) was also served.
D A ONYANCHA
JUDGE
Court:
The court has been advised that proper service was done upon the Defendants who refused to acknowledge and have so far declined to file their papers. However due to the nature of the prayers, the court is of the view that Defendants be served again, this time through the court process server. If thereafter no action is taken by the Defendants, the court will allow plaintiff to proceed ex parte.
D A ONYANCHA
JUDGE
ORDER:
1. Hearing postponed to 13th July, 2009.
2. Plaintiff/Applicant to serve the whole process together with this orders through the court process server on or before 3rd July, 2009.
3. Defendant, if incline, to file and serve a replying affidavit on or before 8th July, 2009.
4. Plaintiff/applicant at liberty to file and serve a supplementary affidavit on or before end of day of 10th July, 2009.
D A ONYANCHA
JUDGE
1/7/2009