[2018] KEELC 2693 (KLR)
The court found that the hearing notice attached to the affidavit of service indicated an incorrect hearing date, rendering the service defective. In the interest of justice and to ensure that all parties are properly notified and given an opportunity to be heard, the court directed that service be effected afresh...
Source-derived case information.
- Citation
- [2018] KEELC 2693 (KLR)
- Parties
- Appellant: The Methodist Church in Kenya Registered Trustees; Respondent: David Mwebia Muthamia; Respondent: M’Inoti M’Mwari; Respondent: Hellen Mwari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 236A of 2013
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Application Service and Adjournment
- Outcome
- Ruling delivery suspended pending proper service of hearing notice.
- Legal Topics
- Service of Process, Adjournment of Ruling
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Methodist Church in Kenya Registered Trustees
Appellant
David Mwebia Muthamia
Respondent
M’Inoti M’Mwari
Respondent
Hellen Mwari
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Application Service and Adjournment
Legal Issues
- 1 Whether proper service of the hearing notice for the application dated 25.9.2015 was effected upon the respondents.
- 2 Whether the ruling scheduled for delivery should proceed in light of the service irregularity.
Ratio Decidendi
The court found that the hearing notice attached to the affidavit of service indicated an incorrect hearing date, rendering the service defective. In the interest of justice and to ensure that all parties are properly notified and given an opportunity to be heard, the court directed that service be effected afresh upon the respondents. Consequently, the delivery of the ruling was suspended until proper service is confirmed.
Court Disposition
Ruling delivery suspended pending proper service of hearing notice.
Orders
- Service of the hearing notice to be effected afresh upon the respondents.
- Delivery of the ruling is suspended until proper service is confirmed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC APPEAL NO. 236A OF 2013
THE METHODIST CHURCH IN KENYA
REGISTERED TRUSTEES...............................APPELLANT
VERSUS
DAVID MWEBIA MUTHAMIA.............1ST RESPONDENT
M’INOTI M’MWARI..............................2ND RESPONDENT
HELLEN MWARI......................................3RD RSPONDENT
RULING
1. A ruling was scheduled to be delivered on 22. 5.2011, in respect of the application dated 25. 9.2015.
2. On 10. 5.2018 when the matter came up for the hearing of the aforementioned application, the court was informed that the service had been affected.
3. When I retired to write the ruling and I perused the file, I found that the hearing notice attached to the affidavit of service indicates that application was to be heard on 10. 7.2018. Obviously this is a wrong date. As such, I direct that serve be effected all over again upon the respondents. In the circumstances the delivery of the ruling is suspended.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 22ND DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
HON. LUCY. N. MBUGUA
ELC JUDGE