[2007] KEHC 2083 (KLR)
The court found that the applicant had made sufficient attempts to serve the respondents personally, including unsuccessful efforts to contact them by telephone and to locate their whereabouts. Given these circumstances, the court held that it was appropriate to grant leave for substituted service by registered post...
Source-derived case information.
- Citation
- [2007] KEHC 2083 (KLR)
- Parties
- Applicant: Lubulellah & Associates, Advocates; Respondent: James Amalemba Atema; Respondent: Theresa Salasia Atemba
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1235 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Substituted Service
- Outcome
- Application allowed.
- Judges
- JL Osiemo
- Legal Topics
- Substituted Service, Service of Process, Bill of Costs, Notice of Taxation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lubulellah & Associates, Advocates
Applicant
James Amalemba Atema
Respondent
Theresa Salasia Atemba
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Chamber Summons for Substituted Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the Bill of Costs and Notice of Taxation on the respondents by substituted means of registered post.
- 2 Whether the applicant has demonstrated sufficient grounds for substituted service due to inability to locate the respondents.
Ratio Decidendi
The court found that the applicant had made sufficient attempts to serve the respondents personally, including unsuccessful efforts to contact them by telephone and to locate their whereabouts. Given these circumstances, the court held that it was appropriate to grant leave for substituted service by registered post to ensure the expeditious progress of the taxation proceedings. The application was therefore allowed in terms of the prayers sought for substituted service and costs.
Court Disposition
Application allowed.
Orders
- Leave is granted to the applicant to serve the Bill of Costs and Notice of Taxation on the respondents by substituted means of registered post.
- Costs of this application are provided for.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Misc Civil Appli 1235 of 2005
LUBULELLAH & ASSOCIATES, ADVOCTES……...….……………..APPLICANT
VERSUS
JAMES AMALEMBA ATEMA ……………………………….…1ST RESPONDENT
THERESA SALASIA ATEMBA……………..………….…….…2ND RESPONDENT
RULING
This is an ex parte Chamber Summons application dated 23rd November 2006 expressed to be brought under Section 3, 3A and 63 of the of the Civil Procedure Act in which the applicant seeks leave to serve the Bill of Costs, Notice of Taxation on the Respondents by substituted means of Registered Post and that costs of this application be provided for.
The application is supported by an affidavit sworn by Wilfred A. Mutubwa on 23rd November 2006 in which he avers that efforts to serve the Respondents has been futile since locating their whereabouts has been almost impossible; that attempts to make telephone calls to the Respondents have gone unanswered and that the orders sought in this application will ensure an expeditious settlement of the issue of service and have the Bill taxed.
Having considered the application and the affidavit in support I find it meritous and the same is allowed in terms of Prayers 1 and 2 of the ex parte Chamber Summons dated 23rd November 2006.
Dated and delivered at Nairobi this 17th day of July, 2007.
…………………..
J.L.A. OSIEMO
JUDGE