[2024] KEELC 7430 (KLR)

[2024] KEELC 7430 (KLR)

The court found that the applicant had demonstrated sufficient grounds for granting leave to serve the 3rd and 4th defendants by substituted service, as personal service was impracticable. The court further held that it was necessary to set clear timelines for the defendants to file and serve their pleadings and...

Source-derived case information.

Citation
[2024] KEELC 7430 (KLR)
Parties
Plaintiff: Kenya Railways Corporation; Defendant: Rubis Energy Kenya PLC; Defendant: Kenol Kobil PLC
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case E025 of 2023
Procedural Posture
Environment and Land Case / Directions
Outcome
Directions issued granting leave for substituted service and setting timelines for pleadings.
Judges
MD Mwangi
Legal Topics
Service of Process, Substituted Service, Pleadings Filing, Case Management
Source Language
en
Civil Procedure Land and Property Service of Process Substituted Service Pleadings Filing Case Management

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Summary, issues, holding and outcome

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Parties

Kenya Railways Corporation

Plaintiff

Rubis Energy Kenya PLC

Defendant

Kenol Kobil PLC

Defendant

Procedural Posture

Environment and Land Case / Directions

Legal Issues

  1. 1 Whether leave should be granted for substituted service on the 3rd and 4th defendants.
  2. 2 Whether timelines for filing pleadings and compliance with Order 11 of the Civil Procedure Rules should be set.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient grounds for granting leave to serve the 3rd and 4th defendants by substituted service, as personal service was impracticable. The court further held that it was necessary to set clear timelines for the defendants to file and serve their pleadings and supporting documents to ensure compliance with pre-trial procedures and facilitate efficient case management. Accordingly, the court granted leave for substituted service by advertisement and directed the defendants to file their pleadings within 45 days, with further directions on hearing to be given upon confirmation of compliance.

Court Disposition

Directions issued granting leave for substituted service and setting timelines for pleadings.

Orders

  • Leave granted to serve the 3rd and 4th defendants by substituted service via newspaper advertisement within 14 days.
  • The advertisement must include the Land Reference number of the subject property.