[2019] KEELC 1720 (KLR)
The court found that the purported service of the Amended Originating Summons was improper because it was effected on the defendant's brother, not the defendant himself. The affidavit of service did not demonstrate compliance with the requirements for personal service as stipulated in the Civil Procedure Rules....
Source-derived case information.
- Citation
- [2019] KEELC 1720 (KLR)
- Parties
- Applicant: Rufus Munyua Muchiri; Respondent: John Muchiri Njagi (sued as next of kin of John Njagi Nkanya, deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 04 of 2019
- Procedural Posture
- Originating Summons / Interlocutory Ruling on Service
- Outcome
- Adjourned for proper service; directions to be taken after compliance.
- Judges
- FM Njoroge
- Legal Topics
- Service of Process, Affidavit of Service, Land Dispute
- 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
Rufus Munyua Muchiri
Applicant
John Muchiri Njagi (sued as next of kin of John Njagi Nkanya, deceased)
Respondent
Procedural Posture
Originating Summons / Interlocutory Ruling on Service
Legal Issues
- 1 Whether the service of the Amended Originating Summons upon the defendant was proper.
- 2 What orders should be made regarding proper service and further conduct of the matter.
Ratio Decidendi
The court found that the purported service of the Amended Originating Summons was improper because it was effected on the defendant's brother, not the defendant himself. The affidavit of service did not demonstrate compliance with the requirements for personal service as stipulated in the Civil Procedure Rules. Consequently, the court directed the plaintiff to effect proper service upon the defendant within 21 days to ensure that the defendant is accorded a fair opportunity to respond to the proceedings. The matter was adjourned for directions to allow for proper service and compliance with procedural fairness.
Court Disposition
Adjourned for proper service; directions to be taken after compliance.
Orders
- The plaintiff is directed to effect proper service upon the defendant within 21 days.
- Parties to appear in court for directions on 22nd October, 2019.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 04 OF 2019 (OS)
RUFUS MUNYUA MUCHIRI..........................................................PLAINTIFF/APPLICANT
VERSUS
JOHN MUCHIRI NJAGI
(sued as next of kin of John Njagi Nkanya (deceased).............DEFENDANT/RESPONDENT
RULING
1. This matter was coming up for full hearing on 23rd September, 2019.
2. Mr. Kaminza, holding brief for M/s Ann Nyambura Kithaka, told the court that the defendant, who is not represented by an advocate, had been served with the hearing date.
3. Upon perusal of the affidavit of service filed by advocate Ann Nyambura Kithaka, the plaintiff’s advocate, it is clear that the service purportedly served upon the defendant amounted to improper service. Paragraph 3 of the affidavit of service avers that the Amended Originating summons was served upon one Joseph, the defendant’s brother.
4. The plaintiff is hereby directed to effect proper service upon the defendant within 21 days of today.
5. It is noted that M/s Kithaka, the plaintiff’s advocate, was in court when this ruling was delivered.
6. Parties to come to court for directions on 22nd of October, 2019.
7. It is so ordered.
Delivered in open Court at Chuka this 23rd day of September, 2019 in the presence of:
CA: Ndegwa
Ann Kithaka for the defendant
P.M. NJOROGE
JUDGE