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…that service of summons to enter appearance and plaint upon the Defendant in a suit is crucial.…

…The issue being service of summons to enter appearance, I have perused the affidavit of service of the said summons and I note that the deponent/ process server, one Joseph Romino Adede explained how he served the summons…

…that service of summons to enter appearance and plaint upon the Defendant in a suit is crucial.…

…The issue being service of summons to enter appearance, I have perused the affidavit of service of the said summons and I note that the deponent/ process server, one Joseph Romino Adede explained how he served the summons…

…Her application is based on the issue of alleged non-service of summons upon her. How was she served?…

…I am afraid service of summons as effected on the second defendant was not proper. It was bad service and remains so. Hence I do not have to go into merits of defence.…

…The Appellant submits that the ex parte judgment was regularly entered under Order 10 of the Civil Procedure Rules after proper service of summons.…

…They submit that the central issue was whether proper service of summons had been effected, and that the lower court correctly found doubt as to service. 17.…

…service of summons upon a Defendant. 5.…

…The appellant submitted that she had only filed a Notice of Appointment of Advocate and she had never filed any statement of defence for want of service of summons. 12.…

…THAT the Plaintiff has not taken out or served summons to enter appearance as provided for by Order 5 of the Civil Procedure Rules and no further steps can be taken in the absence of service of summons to enter appearance…

…of summons.…

…Learned counsel for the respondent did not submit much on the issue of the trial court’s finding on service of summons.…

…Whether a judgment is regular or irregular depends on how service of summons to enter appearance was made upon the defendant. In the present case, the process server, Brian K.…

…There is no affidavit of service of summons anywhere on the record.…

…service of summons on record and no assertion by the respondent, in either court, that collection or service had occurred.…

…Whether the payment made by the Respondent to Zakaria Martin Aswan was illegal Whether the issue of service of Summons to enter appearance upon the Appellant in civil case No. 5407/2017, jurisdiction of the trial court and…

…Whether the issue of service of Summons to enter appearance upon the Appellant in Civil Case No. 5407 of 2017, jurisdiction of the trial court and lack of authority to institute suit can be addressed in this appeal.…

…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…

…Such a document gives the relevant locus standi to advocates to appear for their client(s) prior to service of summons. In fact it would be prudent for an advocate to file such a Notice which Mr. Ibrahim did.…

…Whether the payment made by the Respondent to Zakaria Martin Aswan was illegal Whether the issue of service of Summons to enter appearance upon the Appellant in civil case No. 5407/2017, jurisdiction of the trial court and…

…Whether the issue of service of Summons to enter appearance upon the Appellant in Civil Case No. 5407 of 2017, jurisdiction of the trial court and lack of authority to institute suit can be addressed in this appeal.…

…Therefore service of the summons had to be made on the defendant to the extent it was practicable. That is the ideal form of service.…

…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…

…The Respondent, on the other hand, maintains that service of summons was properly effected upon the Appellant on 30th July 2024 at its offices situated at Upper Hill Chambers, Nairobi.…

…The Court therefore finds no basis for interfering with the factual finding of the learned magistrate that service of summons was proved. 43.…

…It is the Appellants’ submission that the default judgment was irregular as there was no proper service of summons.…

…The affidavit of service is admissible evidence.…

…On service of summons, the Respondent submits that there is evidence of service, that service was affected via WhatsApp as demonstrated by the screenshots attached to WhatsApp number, which indicate that the summons was delivered…

…Order 5 rule 22C of the Civil Procedure Rules permits service of summons through a mobile-enabled messaging application at the defendant’s last known, and used telephone number.…

…On service of summons, the Respondent submits that there is evidence of service, that service was affected via WhatsApp as demonstrated by the screenshots attached to WhatsApp number, which indicate that the summons was delivered…

…Order 5 rule 22C of the Civil Procedure Rules permits service of summons through a mobile-enabled messaging application at the defendant’s last known, and used telephone number.…

…On service of summons, the Respondent submits that there is evidence of service, that service was affected via WhatsApp as demonstrated by the screenshots attached to WhatsApp number, which indicate that the summons was delivered…

…Order 5 rule 22C of the Civil Procedure Rules permits service of summons through a mobile-enabled messaging application at the defendant’s last known, and used telephone number.…

…service of Summons to Enter Appearance and the pleadings filed by the respondent in the primary suit.…

…Service of Summons to Enter Appearance is provided for in Order 5 Rule 5 of the Civil Procedure Rules as follows: (1) Where the court has issued summons to a defendant, the summons may be delivered for service— (a) to any…

…Order 5 of the Civil Procedure Rules state as follows in respect to service of summons: “1.When a suit has been filed a summons shall issue to the defendant ordering him to appear within the time specified therein.(3)Every…

…Ltd. & 2 Others Nairobi (Milimani) HCCC No. 171 of 2001 [2002] 1 EA 233 the Court set out the principles guiding setting aside ex parte judgments as follows: “(i). if there is no proper or any service of summons to enter…