[2022] KEELC 14560 (KLR)
The court found that the applicant had demonstrated sufficient effort to serve the respondents personally, as evidenced by the process server's affidavit detailing attempts to trace the respondents. Given the inability to effect personal service, the court was satisfied that the requirements for substituted service...
Source-derived case information.
- Citation
- [2022] KEELC 14560 (KLR)
- Parties
- Applicant: Joseph Otieno Rombo; Respondent: Nora Adhiambo Ouko; Respondent: Emma Anyango Ouko
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E003 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Substituted Service
- Outcome
- Application allowed.
- Judges
- E Asati
- Legal Topics
- Substituted Service, Service of Process, Adverse Possession, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Otieno Rombo
Applicant
Nora Adhiambo Ouko
Respondent
Emma Anyango Ouko
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the respondents by substituted service due to inability to effect personal service.
- 2 Whether the requirements under Order 5 Rule 17 of the Civil Procedure Rules for substituted service have been met.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient effort to serve the respondents personally, as evidenced by the process server's affidavit detailing attempts to trace the respondents. Given the inability to effect personal service, the court was satisfied that the requirements for substituted service under Order 5 Rule 17 of the Civil Procedure Rules had been met. The court exercised its discretion to allow substituted service by registered post to the respondents' last known postal address and by advertisement in a newspaper of national circulation. The court further directed that the costs of the application would abide the outcome of the suit.
Court Disposition
Application allowed.
Orders
- Service of summons to enter appearance, plaint, and all accompanying documents to be effected upon the defendants by substituted service by way of registered post to the last known postal address and by advertisement in a newspaper of national circulation (Daily Nation, Standard, or Star).
- Costs of the application to abide the suit.
Full Case Text
Judgment text and source record
24 paragraphs
Rombo v Ouko & another (Environment & Land Case E003 of 2022) [2022] KEELC 14560 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14560 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisumu
Environment & Land Case E003 of 2022
E Asati, J
November 3, 2022
IN THE MATTER OF AN APPLICATION FOR ACQUISITION OF TITLE BY ADVERSE POSSESSION OF PARCEL OF LAND DESCRIBED AS KISUMU/NYAHERA/1694 AND IN THE MATTER OF LIMITATION OF ACTIONS ACT, CAP 22 LAWS OF KENYA BETWEEN
Between
Joseph Otieno Rombo
Applicant
and
Nora Adhiambo Ouko
1st Respondent
Emma Anyango Ouko
2nd Respondent
Ruling
1. This ruling relates to the plaintiff’s notice of motion application dated May 11, 2022 brought pursuant to the provisions of order 5 rule 17 (1), (2) and (4) of the Civil Procedure Rules 2010 and section 3A of the Civil Procedure Act cap 21 Laws of Kenya. The application seeks for orders that: -a.The applicant be granted leave to serve the respondents by substituted service either by way of registered post or by way of newspaper of national coverage, being either the Daily Nation Newspaper, the Standard Newspaper or the Star Newspaper.b.The costs of the application be provided for.
2. The grounds upon which the application is brought are contained in the application and the supporting affidavit sworn by Cecil Kouko Advocate on May 11, 2022.
3. The applicant’s case is that upon filing the suit herein summons to enter appearance together with the plaint were released to a process server for service upon the defendants but the process server was unable to trace the defendants so as to be able to serve them with the documents as instructed. The plaintiff therefore seeks the aforementioned orders.
4. I have read the notice of motion, the supporting affidavit. I have also read affidavit of service annexed to the application sworn by one Clifford Ouko Gombe, the court process server. I am satisfied that there is sufficient reason to order service of summons to enter appearance and pleadings so far filed herein by way of substituted service.
5. In the premises, the application is allowed. Service of summons to enter appearance, the plaint and all accompanying documents and pleadings filed to be effected upon the defendants by substituted service by way of registered post to the last known postal address of the defendants and by advertisement in a newspaper of national circulation to wit; either the Daily Nation Newspaper or the Standard Newspaper or the Star Newspaper in accordance with order 5 rule 17(4) Civil Procedure Rules 2010. Costs of the application to abide the suit.
Orders accordingly.
RULING DELIVERED, DATED AND SIGNED AT KISUMU VIRTUALLY THIS 3RD DAY OF NOVEMBER, 2022 THROUGH MICROSOFT TEAMS VIDEO CONFERENCING PLATFORM.E ASATIJUDGEIn the presence of:Maureen: Court Assistant.Kouko Advocate for the applicant/plaintiff.N/A for the respondents.E ASATIJUDGE.