[2017] KEHC 4899 (KLR)
The court found that the plaintiff had made considerable and genuine efforts to serve the 1st defendant, including inquiries at the company registry, but was unable to do so due to the absence of any records or address. Recognizing the fairness and justice in allowing the plaintiff further opportunity to serve the...
Source-derived case information.
- Citation
- [2017] KEHC 4899 (KLR)
- Parties
- Plaintiff: NFL Trading Company Limited; Defendant: Alkasons Transporters Limited; Defendant: First Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 115 of 2014
- Procedural Posture
- Civil Case / Ruling on Application to Extend Validity of Summons
- Outcome
- application granted
- Judges
- LM Njuguna
- Legal Topics
- Service of Summons, Extension of Time, Validity of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NFL Trading Company Limited
Plaintiff
Alkasons Transporters Limited
Defendant
First Assurance Company Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Extend Validity of Summons
Legal Issues
- 1 Whether the court should extend the validity of summons to enter appearance against the 1st defendant.
- 2 Whether the plaintiff has demonstrated sufficient effort to serve the 1st defendant.
Ratio Decidendi
The court found that the plaintiff had made considerable and genuine efforts to serve the 1st defendant, including inquiries at the company registry, but was unable to do so due to the absence of any records or address. Recognizing the fairness and justice in allowing the plaintiff further opportunity to serve the summons, the court exercised its discretion to extend the validity of the summons for twelve months. The extension was deemed necessary to ensure that the 1st defendant is properly served and accorded an opportunity to respond to the suit, in line with the principles of natural justice and procedural fairness.
Court Disposition
application granted
Orders
- Summons to enter appearance against the 1st defendant are hereby extended for twelve (12) months.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 115 OF 2014
NFL TRADING COMPANY LIMITED....................................PLAINTIFF
VERSUS
ALKASONS TRANSPORTERS LMITED................1ST DEFENDANT
FIRST ASSURANCE COMPANY LIMITED.............2ND DEFENDANT
RULING
The plaintiff/applicant has moved this court vide a notice of motion dated 7th April, 2017, seeking orders for validity of summons to enter appearance upon the 1st defendant.
The application is premised on the grounds set out on the body of the same and it is supported by the affidavit of Meshack Omari sworn on 7th April, 2017.
The plaintiff/applicant avers that he filed the suit herein on 29th April, 2014 and obtained summons to enter appearance dated 30th April, 2014. That he managed to serve the 2nd defendant but despite considerable effort on his part to serve the 1st defendant he has not yet succeeded in doing so.
That he has even attempted to trace the 1st defendant’s whereabouts through the company registry but the Registrar of Companies avers that the registry does not have any records relating to the 1st defendant let alone the physical address. He has urged the court to grant the application herein.
The court has considered the application and the submissions by the counsel for the plaintiff. Summons herein were issued and served upon the 2nd defendant but it has not been able to serve the 1st defendant as its physical or postal addresses are unknown. This court has been explained to and appreciates the efforts made by the plaintiff in tracing the 1st defendant for service. It is only fair and just that, the summons herein be extended to enable it serve the same.
In the premises, the application dated 7th April, 2017, is granted as prayed. Summons to enter appearance against the 1st defendant are hereby extended for twelve [12] months. It is so ordered.
Dated, signed and delivered at Nairobi this 11th day of May, 2017.
………………………………..
L. NJUGUNA
JUDGE