[2017] KEELC 2503 (KLR)
The court found that the plaintiffs had demonstrated sufficient grounds for substituted service, as personal service on the 1st, 2nd, and 3rd defendants had not been possible despite diligent attempts. The court held that advertisement in the Daily Nation Newspaper, a publication of wide circulation, was an...
Source-derived case information.
- Citation
- [2017] KEELC 2503 (KLR)
- Parties
- Plaintiff: Patrick Mwangi Muchuku; Plaintiff: Jackson Kariuki Ngugi; Plaintiff: Reuben Njenga Kibaru; Plaintiff: Margaret Njeri Gatonye; Defendant: Obadiah Macharia Maina; Defendant: Goodlife Sacco Limited; Defendant: Fedha Micro Investments Limited; Defendant: Jesse Kanini Kiugu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 168 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Application for Substituted Service
- Outcome
- application for substituted service allowed
- Judges
- MAO Odeny
- Legal Topics
- Substituted Service, Service of Process, Notice of Motion, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Patrick Mwangi Muchuku
Plaintiff
Jackson Kariuki Ngugi
Plaintiff
Reuben Njenga Kibaru
Plaintiff
Margaret Njeri Gatonye
Plaintiff
Obadiah Macharia Maina
Defendant
Goodlife Sacco Limited
Defendant
Fedha Micro Investments Limited
Defendant
Jesse Kanini Kiugu
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the court should grant leave for substituted service on the 1st, 2nd, and 3rd defendants by advertisement in the Daily Nation Newspaper.
Ratio Decidendi
The court found that the plaintiffs had demonstrated sufficient grounds for substituted service, as personal service on the 1st, 2nd, and 3rd defendants had not been possible despite diligent attempts. The court held that advertisement in the Daily Nation Newspaper, a publication of wide circulation, was an appropriate and effective means to bring the suit to the attention of the defendants. The court emphasized that the overriding consideration is to ensure that the defendants are made aware of the proceedings and given an opportunity to respond. Accordingly, the application for substituted service was allowed, and the plaintiffs were directed to publish the summons in the prescribed...
Court Disposition
application for substituted service allowed
Orders
- Plaintiffs to serve the 1st, 2nd, and 3rd defendants by advertisement of the summons in the Daily Nation Newspaper in the prescribed form.
- The 1st, 2nd, and 3rd defendants to enter appearance within 15 days of such advertisement.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT ELDORET
ELC NO. 168 OF 2017
PATRICK MWANGI MUCHUKU:::::::::::::::::::::::::::::::::::::::::IST PLAINTIFF
JACKSON KARIUKI NGUGI::::::::::::::::::::::::::::::::::::::::::::::2ND PLAINTIFF
REUBEN NJENGA KIBARU:::::::::::::::::::::::::::::::::::::::::::::::3RD PLAINTIFF
MARGARET NJERI GATONYE::::::::::::::::::::::::::::::::::::::::::4TH PLAINTIFF
AND 213 OTHERS
VERSUS
OBADIAH MACHARIA MAINA::::::::::::::::::::::::::::::::::::::::1ST DEFENDANT
GOODLIFE SACCO LIMITED:::::::::::::::::::::::::::::::::::::::::2ND DEFENDANT
FEDHA MICRO INVESTMENTS LIMITED:::::::::::::::::::::3RD DEFENDANT
JESSE KANINI KIUGU::::::::::::::::::::::::::::::::::::::::::::::::::::::4TH DEFENDANT
RULING
INTRODUCTION
This is a Notice of Motion dated 29. 6.2017 brought under Order 5 rule 17 of the Civil Procedure Rules seeking for an order for substituted service upon 1st, 2nd and 3rd defendants by an advertisement in the Daily Nation Newspaper.
The application is supported by the grounds on the face of the record and supporting affidavit by Morgan Omusudi Advocate for the Plaintiff and an affidavit by a process server Vincent Ogutu.
I have considered the application together with the supporting documentation. I do find that substituted service would be the only way to serve the defendants. The consideration in cases of this nature is to bring this suit to the attention of the defendants.
The application for substituted service is therefore allowed. The Plaintiff to publish by way of an advertisement/advert the summons to the 1st, 2nd and 3rd defendants herein in the prescribed form in the Daily Nation Newspaper at a conspicuous place.
The 1st, 2nd and 3rd defendants to enter appearance within 15 days of such advert in the Daily Nation Newspaper.
Costs in the cause.
Dated and delivered at Eldoret on this 29th day of June, 2017.
M.A ODENY
JUDGE