[2024] KEHC 15064 (KLR)

[2024] KEHC 15064 (KLR)

The court found that the applicant had demonstrated sufficient difficulty in effecting personal service on the respondent, who had moved out of the disputed land and could not be traced. In such circumstances, the law permits substituted service to ensure the respondent is notified of the proceedings. The court...

Source-derived case information.

Citation
[2024] KEHC 15064 (KLR)
Parties
Applicant: Rosaline Wawira Njagi; Respondent: Irene Wanjiru Kanyingi
Court
High Court
Court Station
High Court at Kiambu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application E033 of 2022
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Substituted Service
Outcome
application allowed
Judges
DO Chepkwony
Legal Topics
Substituted Service, Service of Process, Leave of Court, Advertisement Service
Source Language
en
Civil Procedure Substituted Service Service of Process Leave of Court Advertisement Service

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Rosaline Wawira Njagi

Applicant

Irene Wanjiru Kanyingi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Substituted Service

Legal Issues

  1. 1 Whether the applicant should be granted leave to serve the respondent by way of substituted service.
  2. 2 Whether service through advertisement in a daily newspaper with national circulation is appropriate in the circumstances.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient difficulty in effecting personal service on the respondent, who had moved out of the disputed land and could not be traced. In such circumstances, the law permits substituted service to ensure the respondent is notified of the proceedings. The court exercised its discretion under the Civil Procedure Rules to grant leave for substituted service by advertisement in a daily newspaper with national circulation. The court also extended the summons and set a mention date to confirm service and give further directions. The orders sought were therefore merited and granted as prayed.

Court Disposition

application allowed

Orders

  • The applicant is granted leave to serve the respondent by way of substituted service.
  • The applicant is granted leave to serve the respondent through advertisement in any one of the daily newspapers with a wide national circulation.