[2015] KEELC 596 (KLR)
The court held that since the defendants reside in Canada and Botswana, both commonwealth countries, and their physical addresses have been provided, service of process can be effectively effected by sending the summons through an internationally recognized courier service. The court exercised its discretion under...
Source-derived case information.
- Citation
- [2015] KEELC 596 (KLR)
- Parties
- Plaintiff: Vijay Kant Walia; Plaintiff: Raj Walia; Defendant: Shalini Dacunha; Defendant: Ranjana Ahluwalia; Defendant: Meera Chaudhrey; Defendant: Anita Pirbhai; Defendant: C Bonser & Co Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 35 of 2015
- Procedural Posture
- Civil Suit / Interlocutory Application
- Outcome
- Application for leave to serve process out of jurisdiction granted.
- Judges
- MA Silau
- Legal Topics
- Service Out of Jurisdiction, Summons Service, Commonwealth Countries, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vijay Kant Walia
Plaintiff
Raj Walia
Plaintiff
Shalini Dacunha
Defendant
Ranjana Ahluwalia
Defendant
Meera Chaudhrey
Defendant
Anita Pirbhai
Defendant
C Bonser & Co Ltd
Defendant
Procedural Posture
Civil Suit / Interlocutory Application
Legal Issues
- 1 Whether the court should grant leave to serve process out of jurisdiction on defendants residing in commonwealth countries.
- 2 What is the appropriate mode of service for defendants located in Canada and Botswana.
Ratio Decidendi
The court held that since the defendants reside in Canada and Botswana, both commonwealth countries, and their physical addresses have been provided, service of process can be effectively effected by sending the summons through an internationally recognized courier service. The court exercised its discretion under Order 5 Rule 27 of the Civil Procedure Rules to direct this mode of service, finding it appropriate and sufficient to ensure the defendants are properly notified of the proceedings. The court further ordered that the extracted order, summons, pleadings, applications, and all other orders be served together.
Court Disposition
Application for leave to serve process out of jurisdiction granted.
Orders
- Plaintiffs permitted to serve process on the defendants residing in Canada and Botswana by internationally recognized courier service.
- Order to be extracted and served alongside the summons, pleadings, applications filed, and all other orders made herein.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO 35 OF 2015
VIJAY KANT WALIA………………….1ST PLAINTIFF
RAJ WALIA……………….………………2ND PLAINTIFF
VERSUS
SHALINI DACUNHA…………………….1ST DEFENDANT
RANJANA AHLUWALIA………..……..2ND DEFENDANT
MEERA CHAUDHREY………………….3RD DEFENDANT
ANITA PIRBHAI…………………………4TH DEFENDANT
C BONSER & CO LTD………………….5TH DEFENDANT
RULING
(Application to serve process out of jurisdiction; defendants residing within commonwealth countries; service ordered to be through an internationally recognized courier company).
1. I have considered the subject application which seeks to serve process out of jurisdiction. The plaintiff in the Supporting Affidavit has stated the specific addresses of the defendants.
2 .Order 5 Rule 27 provides that where the summons are to be served upon a defendant who resides in a commonwealth country, the summons shall be served in such manner as the court may direct.
3. The defendants sought to be served are located in Canada, and Botswana. They are both commonwealth countries. In the Supporting Affidavit, the plaintiff has provided their physical addresses. In my view service can effectively be effected if summons are sent by an internationally recognized courier service. I therefore permit the plaintiff to serve process using this method. I further 5 direct that this order be extracted and be served alongside the summons, pleadings, applications filed and all other orders made herein.
It is so ordered.
Dated, signed and delivered in open court at Nakuru this 5th March 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
AT NAKURU
In presence of: -
Mr. Morintat holding brief for Mr Waiganjo
Mr Mwangi for the plaintiffs
Emmanuel Maelo : Court Assistant
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
AT NAKURU