[2016] KEHC 4085 (KLR)
The court found that the plaintiffs had provided persuasive reasons in their application and supporting affidavit to justify the renewal of summons. The court determined that there was a valid cause of action against the defendants and that no prejudice would result from granting the renewal. The cited statutory...
Source-derived case information.
- Citation
- [2016] KEHC 4085 (KLR)
- Parties
- Plaintiff: Peter Kamau John; Plaintiff: Nancy Wanjiku Kamau; Defendant: Muraya Joshua Muir; Defendant: Michael Omondi Oniango; Defendant: Kenneth Waithaka Kanyara
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 217 of 2012
- Procedural Posture
- Civil Case / Ex Parte Application for Renewal of Summons
- Outcome
- Application allowed. Summons renewed for 12 months.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Renewal of Summons, Service of Process, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kamau John
Plaintiff
Nancy Wanjiku Kamau
Plaintiff
Muraya Joshua Muir
Defendant
Michael Omondi Oniango
Defendant
Kenneth Waithaka Kanyara
Defendant
Procedural Posture
Civil Case / Ex Parte Application for Renewal of Summons
Legal Issues
- 1 Whether the court should exercise its discretion to renew the summons to enter appearance for a further period of 12 months.
- 2 Whether granting the renewal would occasion prejudice to the defendants.
Ratio Decidendi
The court found that the plaintiffs had provided persuasive reasons in their application and supporting affidavit to justify the renewal of summons. The court determined that there was a valid cause of action against the defendants and that no prejudice would result from granting the renewal. The cited statutory provisions empower the court to exercise discretion in such circumstances. Consequently, the court allowed the application and renewed the summons for a further period of 12 months, directing the plaintiffs to serve the defendants in accordance with the Civil Procedure Rules to ensure expeditious disposal of the matter.
Court Disposition
Application allowed. Summons renewed for 12 months.
Orders
- Summons to enter appearance dated 14th May, 2012 are renewed for a further period of 12 months.
- Plaintiffs to serve the renewed summons on the defendants under the relevant provisions of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 217 OF 2012
PETER KAMAU JOHN..................................................1ST PLAINTIFF
NANCY WANJIKU KAMAU..........................................2ND PLAINTIFF
(Suing on their behalf and that of the estate of the later Ruth Njeri
Kamauin their capacity as the legal representatives as well
as onbehalf of the named defendants of the Deceased)
VERSUS
MURAYA JOSHUA MUIR.........................................1ST DEFENDANT
MICHAEL OMONDI ONIANGO...............................2ND DEFENDNAT
KENNETH WAITHAKA KANYARA..........................3RD DEFENDANT
RULING
This is an ex parte application by the plaintiffs under Sections 1 A, 1B and 3 A of the Civil Procedure Act and Order 5 Rule 2 of the Civil Procedure Rules for an order that the summons to enter appearance dated 14th May, 2012 be renewed. The reasons for seeking the order have been set out in the said application. There is also a supporting affidavit sworn by the 1st plaintiff herein.
The reasons set out in the grounds and the supporting affidavits are persuasive enough to allow the application. There is a cause of action in favour of the plaintiff against the defendants jointly and severally. No prejudice shall be occasioned upon the defendants if the order sought is granted and in any case the cited provisions of law permit the exercise of the court’s discretion in favour of the plaintiffs.
Accordingly, the application is hereby allowed and summons renewed for a further period of 12 months. The plaintiffs shall endeavor to serve the summons against the defendants under the relevant provisions of the Civil Procedure Rules, to facilitate expeditious disposal of this matter. The costs shall be in the cause.
Dated, signed and delivered at Nairobi this 7th Day of June, 2016.
A. MBOGHOLI MSAGHA
JUDGE