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JudgmentHAPAG LLOYD KENYA LIMITED VS EXCELLENT SERVICE FREIGHTERS LIMITED AND AFRI GLOBAL (R)LIMITED1 min read

HAPAG LLOYD KENYA LIMITED VS EXCELLENT SERVICE FREIGHTERS LIMITED AND AFRI GLOBAL (R)LIMITED

High Court at Milimani High Court · · Githiru Freda Mugambi

' Background and Introduction

1. I have considered the application dated 11th November 2025, brought by the plaintiffs seeking leave to serve summons and pleadings upon the 2nd defendant outside the jurisdiction of this court. The application is supported by the affidavit of Stephen Kivinda, sworn on the same date. I note that despite service, no response has been received from the 2nd defendant.

Analysis and Determination

2. Order 5 Rules 21, 22, 26, and 27 of the Civil Procedure Rules set out the legal framework governing service of process outside jurisdiction. Upon careful review of the materials placed before me, I am satisfied that the 2nd defendant’s principal place of business and physical address is situated in Rwanda. I am further persuaded that the plaintiffs have disclosed sufficient cause in the plaint and accompanying documents to justify service of summons and pleadings upon the 2nd defendant.

3. Given that the application remains unopposed, and the facts therein are uncontested, I find merit in the application.

Disposition

4. In the circumstances, the application dated 11th November 2025 is hereby allowed. Leave is granted to the plaintiffs to serve the summons and pleadings upon the 2nd defendant by:

a) Registered courier service, through an internationally recognized and reputable courier provider, directed to the last known address of the 2nd defendant in Rwanda; and
b) Electronic mail, sent to the 2nd defendant’s last known email address.

5. Costs of the application shall abide the outcome of the suit.
'

Details

Delivered
Court rank
High Court

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