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…That being said, it is noteworthy that the instant appeal turns on the issue of service of statutory notices to the 1st respondent and the consequent exercise of the statutory power of sale by the 1st appellant.…

…In Enoka Watako Makokha v Co-operative Bank of Kenya [2015] eKLR, the Court of Appeal held that service of notice by registered post is effective service.…

…It is for this reason that service of notice of appeal is mandatory, and the power to dispense service is retained in the court, under rule 76(1).…

…Neither of these methods is the mode of service for notice of appeal envisaged by rule 76(1).…

…Only 2 issues arise for determination: whether there was service of notice, with respect to the hearing scheduled for 23rd January 2020; and whether there were 2 certificates of confirmation of grant in force at the same…

…So, there was service of a notice of the hearing date on the Advocates for the appellant, but those Advocates chose to stay away.…

…service, with a notice served on him under sub-section (1), the chargee may: (a)appoint a receiver of the income of the charged property; or (b)Sell the charged property: Provided that a chargee who has appointed a receiver…

…Kariuki's contention that there was no valid service of the statutory notice is unanswerable.…

…Joseph Mboya Oguttu [2009] eKLR , the Court of Appeal emphasized that: - “…service of the statutory notice is a mandatory requirement.…

…Vincent Ondieki Nyauma [2020] eKLR , where the court stressed that failure to prove service of notice is fatal to a declaratory suit.…

…Whether the service of proper notice on the hirer would be necessary for repossession of a vehicle, which is the subject matter of a Hire Purchase Agreement, would depend on the terms and conditions of the Hire Purchase Agreement…

…The Financier who set down the terms and conditions of the hire purchase, construed the hire purchase agreement to contain an implied term for service of notice and accordingly dispatched a notice, but did not address it…

…That; “If service of notice of hearing or summons to enter appearance have been served, then the court will have before it a regular judgment which may yet be set aside or varied on just terms.…

…If service of notice of hearing or summons to enter appearance has been served, then the court will have before it a regular judgement which may yet be set aside or varied on just terms.…

…If service of notice of hearing or summons to enter appearance has been served, then the court will have before it a regular judgement which may yet be set aside or varied on just terms.…

…In this case, it is my finding that albeit the appellant did not prove service of notices before repossession of the motor vehicle, I find that the Respondent had come to court with unclean hands and was not entitled to an…

…However, as there was no proof of service of Notice prior to the repossession of the suit motor vehicle, I set aside the repossession of the suit motor vehicle and order for restitution of the same to the respondent.…

…certificate of postage dated 28-05-2019, notice to sale dated 15-10-2019 and certificate of postage dated 17-1-2019, redemption notice dated 6-02-2020, notification of sale of movable property dated 2-12-2019, certificate of…

…service of notice of sale of property dated 18-02-2019, demand notices dated 13-11-2018 and 18-12-2018, statement of account from 7-01-2019 to 30-07-2020, valuation report dated 7-03-2018, advertisement for sale dated 6-…

…He does not explain the inordinate delay even after service of notice of entry of Judgment upon the insurance in June, 2021.…

…In Fran Investments Limited v G4S Security Services Limited [2015] KEHC 8121 (KLR), the court held that: - “Order 17 Rule 2 (1) of the Civil Procedure Rules does not require service of notice; it uses the word ‘’give notice…

…In an affidavit of service sworn on 2nd August 2024 by Ian Keari, a court process server, at paragraph 3, it was deposed that the process server called the appellant on the same number for service of notice to show cause,…

…The appellant further argued that there was no evidence of service of Notice of Entry of Judgment. [12] Lastly, the appellant urged that, pursuant to Article 159(2)(d) of the Constitution, the trial court ought to have prioritized…

…Allegations were made as to non-service of the Statutory Notice, the Summons to Enter Appearance and the 10-day Notice of Entry of Judgment.…

…In so doing, the Principal Magistrate erred and misdirected himself on service of notice of entry of judgment under civil procedure Rules. k) The principal Magistrate Court erred and misdirected itself in law in finding that…