[2024] KEHC 4611 (KLR)
The court found that the applicant failed to comply with the directive to serve the application upon the respondents and file a return of service. As a result, the application was not properly before the court, and the failure to effect service and file proof thereof was fatal to the application. The court,...
Source-derived case information.
- Citation
- [2024] KEHC 4611 (KLR)
- Parties
- Applicant: Dennis Kibilo Salim; Respondent: Regina Cheptoo Tobei; Respondent: The Registrar of Births & Deaths; Respondent: Elijah Kibet Kiptarus
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application E063 of 2023
- Procedural Posture
- Family Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Service of Process, Ex Parte Applications, Dismissal for Non Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Kibilo Salim
Applicant
Regina Cheptoo Tobei
Respondent
The Registrar of Births & Deaths
Respondent
Elijah Kibet Kiptarus
Respondent
Procedural Posture
Family Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application can be determined in the absence of a return of service.
- 2 Whether failure to serve the respondents and file a return of service warrants dismissal of the application.
Ratio Decidendi
The court found that the applicant failed to comply with the directive to serve the application upon the respondents and file a return of service. As a result, the application was not properly before the court, and the failure to effect service and file proof thereof was fatal to the application. The court, therefore, dismissed the application for non-compliance with procedural requirements, emphasizing that service of process is a fundamental prerequisite to the exercise of judicial authority over parties.
Court Disposition
application dismissed
Orders
- The application is hereby dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Salim v Tobei & 2 others (Family Miscellaneous Application E063 of 2023) [2024] KEHC 4611 (KLR) (16 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4611 (KLR)
Republic of Kenya
In the High Court at Nakuru
Family Miscellaneous Application E063 of 2023
SM Mohochi, J
April 16, 2024
Between
Dennis Kibilo Salim
Applicant
and
Regina Cheptoo Tobei
1st Respondent
The Registrar of Births & Deaths
2nd Respondent
Elijah Kibet Kiptarus
3rd Respondent
Ruling
1. The Court directed the Applicant to serve the application upon the Respondent and file a return of service. No return of service was filed.
2. An advocate for 1st and 2nd Respondent appeared indicating she had instructions and was asked to file notice of appointment but did not comply.
3. The application is thus undefended.
4. This Court has nonetheless considered the application on its merits and finds as follows: -1. The instant application seeks final declarations and orders and if determined then it will dispose of the motion exparte.2. Application is hereby dismissed.
SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 16THDAY OF APRIL, 2024JUSTICE MOHOCHI S.MJUDGEIn the presence of:Court Assistant - ScholaAchieng for 1st and 2nd Respondents