[2007] KEHC 3601 (KLR)
The court found that the applicant had demonstrated sufficient effort to trace the defendant, including attempts at the last known address, and that personal service was not practicable. In such circumstances, the law permits the court to authorize substitutive service to ensure the defendant is notified of the...
Source-derived case information.
- Citation
- [2007] KEHC 3601 (KLR)
- Parties
- Plaintiff: NYONIA GIAKWA HOLDINGS LTD; Defendant: MUKINYE ENTERPRISES LIMITED
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1178 of 2006
- Procedural Posture
- Civil Case / Application for Leave for Substitutive Service
- Outcome
- Application for leave for substitutive service granted.
- Legal Topics
- Adverse Possession, Substitutive Service, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NYONIA GIAKWA HOLDINGS LTD
Plaintiff
MUKINYE ENTERPRISES LIMITED
Defendant
Procedural Posture
Civil Case / Application for Leave for Substitutive Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the defendant by way of substitutive service due to inability to trace the defendant.
- 2 Whether advertisement in specified newspapers constitutes sufficient service.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient effort to trace the defendant, including attempts at the last known address, and that personal service was not practicable. In such circumstances, the law permits the court to authorize substitutive service to ensure the defendant is notified of the proceedings. The court therefore granted leave for substitutive service by advertisement in the Tuesday Daily Nation and Thursday Standard newspapers, as these are widely circulated and likely to come to the defendant's attention.
Court Disposition
Application for leave for substitutive service granted.
Orders
- Leave is granted for substitutive service upon the defendant by advertisement in the Tuesday Daily Nation and Thursday Standard newspapers.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 1178 of 2006
1. Land and Environment law Division
2. Civil Practice and Procedure
3. Application for leave to file by way of substitutive service
4. Subject of main suit is Adverse Possession.
5. Held:
I: Leave be granted by way of substitutive service.
6. Case law - Nil
7. Advocates:
D. V. Matini holding brief for S. Kamere of Kamere & Co. Advocates for the plaintiff/applicant –present
Directors Mukinye Enterprises not represented for defendant/Respondent –absent
NYONIA GIAKWA HOLDINGS LTD…………………PLAINTIFF
VERSUS
MUKINYE ENTERPRISES LIMITED…..…………DEFENDANT
RULING
I: Application dated 11 June 2007
1. The applicant plaintiff has filed this originating summons for prayers of Adverse Possession for the defendant. He is not able to trace the said defendant.
2. The application of 11 June 2007 seeks prayer for substitutive service on grounds that the defendant cannot be traced including through the last known address.
3. I hereby grant the application and orders that:-
i) There be substitutive service upon the defendant by way of:
a) Advertisement in the Tuesday Daily Nation Newspapers and the Thursday Standard News papers.
4. The costs will be in the cause.
Dated this 17 October 2007 at Nairobi.
M.A. ANG’AWA
JUDGE
D. V. Matini holding brief for S. Kamere of Kamere & Co. Advocates for the plaintiff/applicant –present
Directors Mukinye Enterprise not represented for defendant/Respondent –absent