[2001] KEHC 654 (KLR)

[2001] KEHC 654 (KLR)

The court found that the plaintiff's application demonstrated sufficient urgency due to the serious and continuing nature of the alleged tort and the defendant's residence outside the court's jurisdiction. The court was satisfied that the plaintiff had a good cause of action and that the case was arguable....

Source-derived case information.

Citation
[2001] KEHC 654 (KLR)
Parties
Plaintiff: Kipyator Nicholas Kiprono Biwott; Defendant: Smith Hempstone
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 1273 of 2001
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Urgent Hearing and Substituted Service
Outcome
Application allowed as prayed.
Legal Topics
Urgency Certification, Substituted Service, Continuing Tort, Service Outside Jurisdiction
Source Language
en
Civil Procedure Tort Law Urgency Certification Substituted Service Continuing Tort Service Outside Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kipyator Nicholas Kiprono Biwott

Plaintiff

Smith Hempstone

Defendant

Procedural Posture

Civil Case / Ruling on Interlocutory Application for Urgent Hearing and Substituted Service

Legal Issues

  1. 1 Whether the matter should be certified as urgent and heard during court vacation.
  2. 2 Whether service on the defendant should be effected through diplomatic channels due to the defendant residing outside the jurisdiction.
  3. 3 Whether the plaintiff has established a good cause of action and an arguable case.

Ratio Decidendi

The court found that the plaintiff's application demonstrated sufficient urgency due to the serious and continuing nature of the alleged tort and the defendant's residence outside the court's jurisdiction. The court was satisfied that the plaintiff had a good cause of action and that the case was arguable. Consequently, the court certified the matter as urgent, allowed it to be heard during the court vacation, and ordered that service on the defendant be effected through diplomatic channels in accordance with the Civil Procedure Rules.

Court Disposition

Application allowed as prayed.

Orders

  • The application dated 1st August, 2001 is allowed as prayed.
  • The matter is certified urgent and to be heard during the current court vacation.