[2025] KEELC 644 (KLR)
The court held that it is a fundamental principle of justice that a party must be notified of proceedings against them to afford an opportunity to respond. In this case, the applicant demonstrated that personal service was impracticable, justifying the use of substituted service by advertisement. The court found...
Source-derived case information.
- Citation
- [2025] KEELC 644 (KLR)
- Parties
- Plaintiff: Geofrey Kipkemei Manyim; Respondent: Mahmoud Chemor A Tarus (Sued in her personal capacity and as the administrator of the Estate of Kiptarus Chemwor)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Land Case E008 of 2024
- Procedural Posture
- Land Case / Ruling on Interlocutory Application for Substituted Service
- Outcome
- Application allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Substituted Service, Service of Process, Notice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Kipkemei Manyim
Plaintiff
Mahmoud Chemor A Tarus (Sued in her personal capacity and as the administrator of the Estate of Kiptarus Chemwor)
Respondent
Procedural Posture
Land Case / Ruling on Interlocutory Application for Substituted Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the defendant through substituted service by advertisement in a local daily.
- 2 Whether the costs of the application should be in the cause.
Ratio Decidendi
The court held that it is a fundamental principle of justice that a party must be notified of proceedings against them to afford an opportunity to respond. In this case, the applicant demonstrated that personal service was impracticable, justifying the use of substituted service by advertisement. The court found merit in the application and allowed it, ensuring the respondent would be properly notified through a local daily as required by law.
Court Disposition
Application allowed.
Orders
- Leave is granted to the applicant/plaintiff to serve the defendant through substituted service by advertising the summons in one of the local circulating dailies.
- The costs of this application shall be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
Manyim v Tarus (Sued in her personal capacity and as the administrator of the Estate of Kiptarus Chemwor) (Land Case E008 of 2024) [2025] KEELC 644 (KLR) (20 February 2025) (Ruling)
Neutral citation: [2025] KEELC 644 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Land Case E008 of 2024
GMA Ongondo, J
February 20, 2025
Between
Geofrey Kipkemei Manyim
Plaintiff
and
Mahmoud Chemor A Tarus (Sued in her personal capacity and as the administrator of the Estate of Kiptarus Chemwor)
Respondent
Ruling
1. By a notice of motion application dated 4th February 2025, the plaintiff/applicant through Rotich, Langat and Partners Advocates, has sought the following orders;a.Thatthe Honourable Court be pleased to grant the Applicant/Plaintiff leave to serve the Defendant through substituted service by advertising the Summons in one of the local circulating dailies.b.Thatthe costs of this application be in this cause.
2. Mr Moses Rotich learned counsel for the applicant has implored the court to allow the application.
3. It is trite law that a party must be made aware of the existence of a case to enable that party to respond to it or not; see Ogada-vs-Mollin (2009) eKLR.
4. In the instant case, the respondent deserves to be served for a response, if any.
5. In the premises, the application has merit. The same is hereby allowed accordingly.
6. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 20TH FEBRUARY 2025GEORGE M A ONGONDOJUDGEPresentRotich for the Plaintiff.