[2025] KEHC 10372 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of leave to serve the respondents by substituted service, as personal service was impracticable. The court exercised its discretion under Order 5 Rule 17 of the Civil Procedure Rules, 2010, and allowed service by advertisement in a...
Source-derived case information.
- Citation
- [2025] KEHC 10372 (KLR)
- Parties
- Applicant: Pallavi Vinechand Shah; Respondent: Hasmukh Amratlal Joshi; Respondent: Heema Hasmukh Joshi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E463 of 2025
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Leave to Serve by Substituted Service
- Outcome
- Application for leave to serve by substituted service allowed.
- Judges
- NW Sifuna
- Legal Topics
- Substituted Service, Service of Process, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pallavi Vinechand Shah
Applicant
Hasmukh Amratlal Joshi
Respondent
Heema Hasmukh Joshi
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to Serve by Substituted Service
Legal Issues
- 1 Whether the applicant should be granted leave to serve the respondents by substituted service.
- 2 Whether substituted service by advertisement in a national newspaper is appropriate in the circumstances.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of leave to serve the respondents by substituted service, as personal service was impracticable. The court exercised its discretion under Order 5 Rule 17 of the Civil Procedure Rules, 2010, and allowed service by advertisement in a prominent newspaper of national circulation within Kenya. The court further directed that the advertisement be effected within 14 days and that an affidavit of service with the advertisement annexed be filed. The hearing date was vacated and a mention date set to confirm compliance.
Court Disposition
Application for leave to serve by substituted service allowed.
Orders
- Leave is granted to the applicant to serve the original suit pleadings and summons by substituted service via advertisement in a prominent newspaper of national circulation within Kenya.
- The advertisement must be published within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Shah v Joshi & another (Miscellaneous Civil Application E463 of 2025) [2025] KEHC 10372 (KLR) (Civ) (30 June 2025) (Ruling)
Neutral citation: [2025] KEHC 10372 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application E463 of 2025
NW Sifuna, J
June 30, 2025
Between
Pallavi Vinechand Shah
Applicant
and
Hasmukh Amratlal Joshi
1st Respondent
Heema Hasmukh Joshi
2nd Respondent
Ruling
1. This ruling is on the Plaintiff’s Application for leave to serve the Defendants by substituted service. The hearing date of 15th July 2025 is hereby vacated. This being an Application for leave to serve this matter (Original Suit) by way of substituted service, the Application is hereby allowed.
2. This is In terms that the Plaintiff is hereby granted leave to serve the original suit pleadings and Summons (Summons to Enter Appearance) by substituted service by way of an advertisement in a prominent newspaper of national circulation within Kenya.
3. The advertisement be served within 14 days from today, and an Affidavit that service be filed with a copy of the advertisement annexed. There shall be a Mention on 22nd July 2025, to confirm compliance and for further orders.
DATED AND DELIVERED AT NAIROBI ON THIS 30TH DAY OF JUNE 2025. PROF (DR) NIXON SIFUNAJUDGE