[2015] KEHC 3362 (KLR)

[2015] KEHC 3362 (KLR)

The court found that the applicant had demonstrated sufficient effort to serve the respondent personally, but the respondent could not be traced. In accordance with the Civil Procedure Rules, the court held that substituted service is appropriate where personal service is impracticable. The court therefore granted...

Source-derived case information.

Citation
[2015] KEHC 3362 (KLR)
Parties
Plaintiff: Wilfred Miriti M’Murika; Respondent: Benson Nyaga Mwiandi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Environment & Land Case 9 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Application for Substituted Service
Outcome
Application for substituted service granted.
Judges
FM Njoroge
Legal Topics
Substituted Service, Service of Process, Land Disputes
Source Language
en
Civil Procedure Land and Property Substituted Service Service of Process Land Disputes

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Parties

Wilfred Miriti M’Murika

Plaintiff

Benson Nyaga Mwiandi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Substituted Service

Legal Issues

  1. 1 Whether the court should grant leave for substituted service on the respondent.
  2. 2 Whether personal service on the respondent is practicable in the circumstances.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient effort to serve the respondent personally, but the respondent could not be traced. In accordance with the Civil Procedure Rules, the court held that substituted service is appropriate where personal service is impracticable. The court therefore granted the application and directed that service be effected by substituted means as the court may direct, ensuring the respondent is notified of the proceedings and the matter can proceed without undue delay.

Court Disposition

Application for substituted service granted.

Orders

  • Summons to be effected by way of substituted service as directed by the court.
  • Costs shall be in the cause.