[2018] KEELC 3869 (KLR)

[2018] KEELC 3869 (KLR)

The court found that there was no evidence of proper service of the application on the respondents, as no affidavit of service was filed by the applicant. The absence of such affidavit means the court cannot be satisfied that the respondents were duly served. Consequently, the court directed that the applicant serve...

Source-derived case information.

Citation
[2018] KEELC 3869 (KLR)
Parties
Plaintiff: Teresia Wambui; Defendant: Maritim Ole Kusai; Defendant: Jackson Longisa Ngurumwa; Defendant: Julius Tiapatit Koros
Court
Environment and Land Court
Court Station
Environment and Land Court at Narok
Jurisdiction
Kenya
Case Number
Environment & Land Case 101 of 2017
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Service of Application
Outcome
Application not heard; applicant directed to serve respondents and matter set for inter partes hearing.
Judges
MN Kullow
Legal Topics
Service of Process, Affidavit of Service, Interlocutory Applications
Source Language
en
Civil Procedure Land and Property Service of Process Affidavit of Service Interlocutory Applications

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Parties

Teresia Wambui

Plaintiff

Maritim Ole Kusai

Defendant

Jackson Longisa Ngurumwa

Defendant

Julius Tiapatit Koros

Defendant

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Service of Application

Legal Issues

  1. 1 Whether the applicant properly served the application on the respondents.
  2. 2 Whether the absence of an affidavit of service invalidates the application.

Ratio Decidendi

The court found that there was no evidence of proper service of the application on the respondents, as no affidavit of service was filed by the applicant. The absence of such affidavit means the court cannot be satisfied that the respondents were duly served. Consequently, the court directed that the applicant serve the application on the respondents and set the matter for inter partes hearing. The ruling underscores the mandatory nature of service and the evidentiary requirement of an affidavit of service before proceeding with an application.

Court Disposition

Application not heard; applicant directed to serve respondents and matter set for inter partes hearing.

Orders

  • Applicant to serve the application on the respondents.
  • Application to be heard inter partes on 30th April, 2018.