[2013] KEHC 4154 (KLR)
The court found that the plaintiff/applicant had made all reasonable efforts to trace and serve the 1st, 2nd, and 3rd defendants, as evidenced by the affidavit of non-service and supporting submissions. In the absence of successful personal service and with no opposition from the defendants, the court exercised its...
Source-derived case information.
- Citation
- [2013] KEHC 4154 (KLR)
- Parties
- Plaintiff: William Koipitat Mayon (Suing as the Legal Representative of the estate of Nkiroine Ene Mayon Ntetuka (Deceased)); Defendant: Esther Mbinya Wambua; Defendant: Olivia Akinyi Midwa; Defendant: Catherine Kageni Japhet; Defendant: National Bank of Kenya; Defendant: District Land Registrar Kajiado
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 181 of 2013
- Procedural Posture
- Civil Suit / Ruling on Application for Substituted Service
- Outcome
- Application for substituted service allowed. Costs to the applicant.
- Judges
- MM Gitumbi
- Legal Topics
- Substituted Service, Service of Process, Non Service Affidavit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Koipitat Mayon (Suing as the Legal Representative of the estate of Nkiroine Ene Mayon Ntetuka (Deceased))
Plaintiff
Esther Mbinya Wambua
Defendant
Olivia Akinyi Midwa
Defendant
Catherine Kageni Japhet
Defendant
National Bank of Kenya
Defendant
District Land Registrar Kajiado
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Substituted Service
Legal Issues
- 1 Whether the court should grant leave for substituted service on the 1st, 2nd, and 3rd defendants due to inability to effect personal service.
Ratio Decidendi
The court found that the plaintiff/applicant had made all reasonable efforts to trace and serve the 1st, 2nd, and 3rd defendants, as evidenced by the affidavit of non-service and supporting submissions. In the absence of successful personal service and with no opposition from the defendants, the court exercised its discretion to allow substituted service in accordance with the Civil Procedure Rules, ensuring that the defendants are given fair notice of the proceedings.
Court Disposition
Application for substituted service allowed. Costs to the applicant.
Orders
- Leave is granted for substituted service on the 1st, 2nd, and 3rd defendants.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Civil Suit 181 of 2013
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WILLIAM KOIPITAT MAYON
(Suing as the Legal Representative of the estate of
NKIROINE ENE MAYON NTETUKA (Deceased)……………………………………………………PLAINTIFF
VERSUS
ESTHER MBINYA WAMBUA………………………………………………………………… 1ST DEFENDANT
OLIVIA AKINYI MIDWA……………………………..………………………………………2ND DEFENDANT
CATHERINE KAGENI JAPHET…………………………………………………………….3RD DEFENDANT
NATIONAL BANK OF KENYA…………………………………………………………….4TH DEFENDANT
DISTRICT LAND REGISTRAR KAJIADO……………………………………………….5TH DEFENDANT
RULING
I have considered the application dated 18th February, 2013 the Supporting Affidavit attached thereto and the Affidavit of Non-service. I have also considered the oral submissions of Counsel for the Plaintiff/Applicant herein.
I am satisfied that all efforts have been made to trace the whereabouts of the 1st, 2nd and 3rd Defendants without success. I therefore allow the application for substituted service.
Costs to the Applicant.
SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY APRIL 2013.
MARY M. GITUMBI
JUDGE
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