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…Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/…

…Regarding the issue of service of summons to enter appearance applicant depones that he was never served. Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service.…

…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…

…Regarding the issue of service of summons to enter appearance applicant depones that he was never served. Mr Kassamali Mohamed Noorani does not in his affidavit mention the issue of service.…

…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…

…PLAINTIFF VERSUS KARIM T/A PAMBAZUKA PUBLIC SERVICE…….....DEFENDANT JUDGMENT The plaint filed by the plaintiff shows that the basis of the plaintiff’s claim is the contract dated 23.6.86 by which defendant agreed to refund…

…REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of…

…Patel v EA Cargo Handling Services Ltd [1974] EA 75 2. Shah v Mbogo [1967] EA 116 3. Sebei District Administration v Gasyali [1968] EA 300 4. Mwangi v Mugiria [1983] KLR 78 5.…

…REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.…

…The defendants are Bayete Peugeot Services Limited and John Martin Kibiegon. This suit arises out of a traffic road accident which occurred on August 31, 1981.…

…The Plaintiff and through his advocate gave an explanation that the service upon him had been done by registered post to the advocate. It was inadvertently not diarized and the notice somehow was misplaced. 6.…

….……… APPLICANT VERSUS KENYA BUS SERVICES (MSA) LTD…………. RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal.…

…Order V rule 9 envisages that whenever practicable service should be personal service. Order V rule 8 envisages that the summons shall be served on each defendant.…

…If service cannot be effected then the rule 12 of rule 14 mode will be in order. I am afraid service of summons as effected on the second defendant was not proper. It was bad service and remains so.…

…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…

…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…

…administration and supervision of Community Development services.…

…The Town Clerk wrote stating he was conveying the decision of the Public Service Commission through the Ministry of Local Government.…

…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…

…Service of it was deemed to have been effectual. But now we know that the process was not delivered. Evidence has been tendered to that effect.…

…However, having in view your long service with the Bank, it has been decided to terminate your service forthwith pursuant to clause 13 of your letter of appointment dated 12th October, 1962.…

…By July, 1986, the company was allegedly neither servicing its debts with the defendant, nor was it operating the account.…

…The service included testing the steering hydraulic system according to manufacturers service manual.…

…There are no service records of the tractor.…

…Thereafter the witness was instructed that the motor vehicles should be serviced ready to travel to Kigali.…

…Accordingly I order that the defendant do within 21 days of service of this order furnish security in the sum of Kshs.2,500,000/= or alternatively appear within the same period and show cause why he should not furnish such…

…According to the AttorneyGeneral the detention of each detainee commenced with service on him of the detention order.…

…Detention under the Preservation of Public Security Act commences in my view on the date of the detention order where the person to be detained is already in custody and in other cases with the services of the detention order…

…On this aspect it also instructive to consider the following passage from the judgment of Nyarangi JA in the case of Janet Ndiare (minor by her next friend Joshua) v Kenya Bus Service (Mombasa) Ltd and another Civil Appeal…

…Lost income is one which should have been available after his allowing for statutory deductions such as income tax, service charge, NSSF, NHIF, etc etc. I come up with a figure of Shs 800/= as his net income.…

…On the day of the hearing of the formal proof, which was 20th December, 2000 neither the plaintiffs nor their lawyer appeared in court, though service had been effected.…

…In the Attorney-General’s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according…