[2016] KEELC 381 (KLR)
The court found that, given the uncertainty as to whether Kenya Grain Growers Limited is defunct or has changed its name to another entity, it would not be appropriate to dispense with service altogether. Instead, the court directed that service be effected by advertisement in a national newspaper and, additionally,...
Source-derived case information.
- Citation
- [2016] KEELC 381 (KLR)
- Parties
- Plaintiff: Masek Ole Tinkoi; Plaintiff: Odupoi Ole Letoya Parsitau; Plaintiff: Francis Waititu Iganjo; Plaintiff: John Karungai Nyamu; Defendant: Kenya Grain Growers Limited; Defendant: The Attorney General; Defendant: Kenya Revenue Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 272 of 2015
- Procedural Posture
- Originating Summons / Ruling on Service Directions
- Outcome
- Directions issued for substituted and additional service; application to dispense with service declined.
- Judges
- MA Silau
- Legal Topics
- Adverse Possession, Service of Process, Company Deregistration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Masek Ole Tinkoi
Plaintiff
Odupoi Ole Letoya Parsitau
Plaintiff
Francis Waititu Iganjo
Plaintiff
John Karungai Nyamu
Plaintiff
Kenya Grain Growers Limited
Defendant
The Attorney General
Defendant
Kenya Revenue Authority
Defendant
Procedural Posture
Originating Summons / Ruling on Service Directions
Legal Issues
- 1 Whether service upon a defunct company can be dispensed with in a suit for adverse possession.
- 2 Whether Kenya Grain Growers Limited is the same entity as Kenya Grain Growers Co-operative Union Limited or Kenya Farmers Association Limited.
- 3 What is the appropriate mode of service in the circumstances.
Ratio Decidendi
The court found that, given the uncertainty as to whether Kenya Grain Growers Limited is defunct or has changed its name to another entity, it would not be appropriate to dispense with service altogether. Instead, the court directed that service be effected by advertisement in a national newspaper and, additionally, by serving Kenya Farmers Association Company Limited at their offices. This approach ensures that any entity with a potential interest or connection to the original defendant is notified, thereby upholding the principles of natural justice and due process.
Court Disposition
Directions issued for substituted and additional service; application to dispense with service declined.
Orders
- Summons to Enter Appearance upon Kenya Grain Growers Company Limited to be served by conspicuous advertisement in either the Daily Nation or Standard Newspaper on a weekday edition.
- Kenya Farmers Association Company Limited to be served at their offices with the Summons to Enter Appearance in respect of Kenya Grain Growers Company Limited.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 272 OF 2015
MASEK OLE TINKOI..........................................1ST PLAINTIFF
ODUPOI OLE LETOYA PARSITAU..................2ND PLAINTIFF
FRANCIS WAITITU IGANJO.............................3RD PLAINTIFF
JOHN KARUNGAI NYAMU................................4TH PLAINITFF
VERSUS
KENYA GRAIN GROWERS LIMITED..............1ST DEFENDANT
THE ATTORNEY GENERAL...........................2ND DEFENDANT
KENYA REVENUE AUTHORITY...................3RD DEFENDANT
RULING
1. This suit is one commenced by way of an originating summons and claiming entitlement to the land LR No.9134/3 situated in Naivasha, by way of adverse possession. That land is registered in the name of the Kenya Grain Growers Limited which the applicants claim was deregistered in the year 1978 and no longer in existence.
2. In the application for directions dated 28 April 2016, the applicants have sought that service be dispensed with since the company is defunct.
3. I have however seen from the replying affidavit of the 3rd respondent that the company may have changed names to Kenya Farmer Association Limited although the company named in the certificate of change is Kenya Grain Growers Co-operative Union Limited and not Kenya Grain Growers Limited. It is difficult for me to tell conclusively, whether the reference is to the same or different companies.
4. Taking all the above factors into consideration, in my view, the most appropriate directions are as follows: -
1. The summons to Enter Appearance upon Kenya Grain Growers Company Limited, the named 1st respondent be by way of a conspicuous advertisement in either the Daily Nation or Standard Newspaper, on a weekday edition; and in addition:-
2. The Kenya Farmers Association Company Limited be served in their offices with the Summons to Enter Appearance in respect of Kenya Grain Growers Company Limited
3. The above be effected within the next 30 days.
4. The case be mentioned for further directions on a date to be taken in the registry.
Dated, signed and delivered in open court at Nakuru this 13th day of October 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT AT NAKURU
In presence of : -
No appearance on part of counsel for applicant
No appearance on part of counsel for respondent
Court Assistant : Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT AT NAKURU