[2019] KEELC 1481 (KLR)
The court found that the application for substituted service was merited as personal service on the 1st defendant was not possible and there was no opposition to the application. The court exercised its discretion under the Civil Procedure Rules to allow substituted service by postage to the 1st defendant's last...
Source-derived case information.
- Citation
- [2019] KEELC 1481 (KLR)
- Parties
- Plaintiff: Mugere Kamotho; Defendant: James Muchiri Ndegwa; Defendant: David Muthengi; Defendant: John Nyaga; Defendant: M’Imwitha M’Rinthira; Defendant: Jackson Makunyi Kururu; Defendant: M’Gweta Murua; Defendant: Njeru Ngoroi; Defendant: Alexander Munene Mati; Defendant: Patrick Mutugi Mati; Defendant: John Gitonga Mati; Defendant: Catherine Kagendo Muturia; Defendant: M’Nandi Maikithe
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 05 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substituted Service
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Substituted Service, Service of Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugere Kamotho
Plaintiff
James Muchiri Ndegwa
Defendant
David Muthengi
Defendant
John Nyaga
Defendant
M’Imwitha M’Rinthira
Defendant
Jackson Makunyi Kururu
Defendant
M’Gweta Murua
Defendant
Njeru Ngoroi
Defendant
Alexander Munene Mati
Defendant
Patrick Mutugi Mati
Defendant
John Gitonga Mati
Defendant
Catherine Kagendo Muturia
Defendant
M’Nandi Maikithe
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the court should grant leave for substituted service by postage to the 1st defendant's last known address.
- 2 Whether the application for substituted service is merited in the circumstances.
Ratio Decidendi
The court found that the application for substituted service was merited as personal service on the 1st defendant was not possible and there was no opposition to the application. The court exercised its discretion under the Civil Procedure Rules to allow substituted service by postage to the 1st defendant's last known postal address, ensuring that the proceedings could move forward without undue delay. The court further directed that such service be effected within 45 days and ordered that costs be in the cause.
Court Disposition
application allowed
Orders
- Leave is granted for substituted service of the Notice of Motion Application dated 29th July, 2019 upon the 1st defendant by postage to his last known postal address.
- The plaintiff is directed to effect substituted service within 45 days of the ruling date.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 05 OF 2019
FORMERLY CHUKA C.M’S CIVIL CASE NO. 114 OF 2018
MUGERE KAMOTHO....................................................PLAINTIFF
VERSUS
JAMES MUCHIRI NDEGWA.................................1ST DEFENDANT
DAVID MUTHENGI................................................2ND DEFENDANT
JOHN NYAGA..........................................................3RD DEFENDANT
M’IMWITHA M’RINTHIRA .................................4TH DEFENDANT
JACKSON MAKUNYI KURURU...........................5TH DEFENDANT
M’GWETA MURUA..................................................6TH DEFENDANT
NJERU NGOROI......................................................7TH DEFENDANT
ALEXANDER MUNENE MATI..............................8TH DEFENDANT
PATRICK MUTUGI MATI......................................9TH DEFENDANT
JOHN GITONGA MATI.........................................10TH DEFENDANT
CATHERINE KAGENDO MUTURIA..................11TH DEFENDANT
M’NANDI MAIKITHE...........................................12TH DEFENDANT
RULING
1. This application, by way of Chamber Summons, is dated 23rd September, 2019 and seeks orders:
1. That service of Notice of Motion Application under Certificate dated 29th July, 2019 upon the 1st defendant, James Muchiri Ndegwa, be effected by way of substituted service by postage to the said James Muchiri Ndegwa’s last known postal address.
2. That the costs of this application be in the cause.
2. The application is supported by the affidavit of Advocate Kaminza, the plaintiff’s advocate, sworn on 23rd September, 2019.
3. Advocate Kuria Karatu, holding brief for M/s Ambani for the plaintiff, asked the court to allow the application as it was only meant to serve the 1st defendant, without whose service, the hearing of this suit would be delayed. He also pointed out that the application was not opposed.
4. In the circumstances, I find that this application has merit. It is allowed in terms of prayer 1 and the plaintiff is directed to effect substituted service within 45 days of today.
5. Costs shall be in the cause.
6. Parties to come to court for directions on 4. 12. 2019
Delivered in open Court at Chuka this 14th day of October, 2019 in the presence of:
CA: Ndegwa
Kuria Karatu h/b M/s Ambani for the Plaintiff
P.M. NJOROGE
JUDGE