[2009] KEHC 544 (KLR)
The court found that the applicant had made reasonable but unsuccessful attempts to serve the respondent personally as required by law. Given the respondent could not be traced and the court had already directed that service be effected afresh, the requirements for substituted service were met. The court exercised...
Source-derived case information.
- Citation
- [2009] KEHC 544 (KLR)
- Parties
- Applicant: RDM; Respondent: EMG
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Divorce Cause 84 of 2008
- Procedural Posture
- Divorce Cause / Application for Substituted Service
- Outcome
- Application for substituted service allowed.
- Legal Topics
- Substituted Service, Service of Process, Divorce Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
RDM
Applicant
EMG
Respondent
Procedural Posture
Divorce Cause / Application for Substituted Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the respondent by substituted service.
- 2 Whether attempts at personal service on the respondent have been unsuccessful.
Ratio Decidendi
The court found that the applicant had made reasonable but unsuccessful attempts to serve the respondent personally as required by law. Given the respondent could not be traced and the court had already directed that service be effected afresh, the requirements for substituted service were met. The court exercised its discretion under Order V Rule 17 of the Civil Procedure Rules and section 3A of the Civil Procedure Act to allow service by advertisement in the Daily Nation newspaper, ensuring that the respondent would be reasonably notified of the proceedings.
Court Disposition
Application for substituted service allowed.
Orders
- The respondent EMG shall be served by way of advertisement in the Daily Nation newspaper once.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Divorce Cause 84 of 2008
RDM……………………………………… P ETTIONER
V E R S U S
EMG………………………………. RESPONDENT
R U L I N G
This is an application by way of Chamber Summons dated 11th June, 2009, filed by Ndung’u Omwanza & Nyasini advocates for the petitioner/applicant. It is an application for substituted service brought under Order V Rule 17 of the Civil Procedure Rules and section 3 A of the Civil Procedure Act (Cap. 21). It is an application for substituted service on the respondent named as EMG
The application is supported by an affidavit sworn by the advocate representing the applicant, JNM advocate on 11th June, 2009. It was deposed in the said affidavit that attempts to serve the respondent in the normal manner have not been successful but that the court had directed that the service be effected afresh. The respondent cannot however be traced.
Having considered the application, the documents filed and submissions of counsel for the applicants, I allow the application for substituted service and order that the respondent be served by way of advertisement in the Daily Nation newspaper once.
Dated and delivered at Nairobi this 12th day of November, 2009.
George Dulu
Judge.