[2006] KEHC 811 (KLR)
The court found that the plaintiff had demonstrated, through affidavit evidence and supporting documentation, that all reasonable efforts to serve the defendant personally had failed due to her unknown whereabouts. In accordance with the Civil Procedure Rules, the court held that this justified granting leave for...
Source-derived case information.
- Citation
- [2006] KEHC 811 (KLR)
- Parties
- Plaintiff: Pius Ngugi; Defendant: Hellen Fear
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1321 of 2005
- Procedural Posture
- Civil Case / Chamber Summons Ruling
- Outcome
- application_allowed
- Judges
- JL Osiemo
- Legal Topics
- Substituted Service, Service of Process, Service on Absconding Defendant, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Ngugi
Plaintiff
Hellen Fear
Defendant
Procedural Posture
Civil Case / Chamber Summons Ruling
Legal Issues
- 1 Whether the plaintiff should be granted leave to serve the defendant through substituted service due to inability to effect personal service.
Ratio Decidendi
The court found that the plaintiff had demonstrated, through affidavit evidence and supporting documentation, that all reasonable efforts to serve the defendant personally had failed due to her unknown whereabouts. In accordance with the Civil Procedure Rules, the court held that this justified granting leave for substituted service. The application was therefore allowed in terms of the prayers sought in the Chamber Summons.
Court Disposition
application_allowed
Orders
- Leave is granted to the plaintiff to effect service upon the defendant through substituted service as prayed in Prayers 1 and 2 of the Chamber Summons dated 14th August 2006.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 1321 of 2005
PIUS NGUGI……………………………….....…………………………………PLAINTIFF
VERSUS
HELLEN FEAR………………………………………….….………………DEFENDANT
RULING
In this Chamber Summons before me the plaintiff applies for
leave of this court to effect service upon the defendant through substituted service.
The application is based on the grounds that all efforts made to serve the defendant have been fruitless since the whereabouts of the defendant is not known. The application is also supported by an affidavit sworn by the plaintiff in which he avers that he purchased the suit land from the defendant in 1974 and was given vacant possession but since then her whereabouts is not known. The plaintiff has also annexed a letter dated 6th June 2006 detailing the efforts made by the process server to trace the defendant.
The plaintiff has demonstrated that all efforts to trace the defendant have been made with no avail and hence this application for leave to effect service through substituted service.
I allow the application in terms of Prayers 1 and 2 of the Chamber Summons dated 14th August 2006.
Dated and delivered at Nairobi this 8th day of November 2006.
J.L.A. OSIEMO
JUDGE