Case law
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Division and case type: High Court CivilCivil Suit
…his affidavit of service in that regard. 4.…
…his affidavit of service. 17.…
Division and case type: Environment and Land CourtCivil Suit
…Two affidavits of service were filed. The Affidavit of Service sworn on 30th January, 2026 shows that the parties, and the Plaintiff in particular were served with the application.…
…Affidavit of Service sworn on 28th February, 2026 shows that parties were served with hearing notice for hearing of the application on 18th May, 2026. There was no response filed to the application.…
Division and case type: Environment and Land CourtCivil Suit
…The applicant has filed an affidavit of service sworn by Vincent Ogutu a licensed process server, on 29th May 2024.…
…On the face of the copy of chamber summons application attached to the affidavit of service of Vincent Ogutu sworn on 29th May 2024, there are stamps appended by the firms of RK Limo Advocates and Kelvin Bett Associates on…
Division and case type: Environment and Land CourtCivil Suit
…That further, the alleged process server is unlicensed hence, the Affidavit of Service filed herein cannot be deemed to be proper.…
…That therefore, the Affidavit of Service dated 27th April 2023 is defective in the circumstances.…
Division and case type: Environment and Land CourtCivil Suit
…Evidence of service of a hearing notice is by way of an affidavit of service showing what means was used to serve a litigant.…
…I have perused through the court record and found no affidavit of service for the hearing date of 3rd February 2025 which was taken by the defendants in the absence of the plaintiff and his counsel.…
Division and case type: Environment and Land CourtCivil Suit
…of service to that effect filed.…
…The court has noted that the Attorney General’s office has not disputed that the email address agmombasa@gmail.com indicated in the affidavit of service belongs to their office.…
Division and case type: Environment and Land CourtCivil Suit
…of service to that effect filed.…
…The court has noted that the Attorney General’s office has not disputed that the email address agmombasa@gmail.com indicated in the affidavit of service belongs to their office.…
Division and case type: High Court CivilCivil Suit
…He further avers that the affidavits of service were also not clear on whether service was ever effected.…
…The plaintiff claims to have had served the defendants, and there is an affidavit of service on record as proof of the alleged service.…
Division and case type: Environment and Land CourtCivil Suit
…The judgment states that the matter came up for hearing on 27th September 2021 and that an affidavit of service had been filed showing the defendants were served with a hearing notice.…
…Only one affidavit of service was filed on 27/9/2021. Only one hearing notice was attached to that affidavit of service and it indicated that hearing was to be on 27/9/2021.…
Division and case type: Environment and Land CourtCivil Suit
…November 2024 served upon him as evidenced by the affidavit of service of that same date; that the defendant yet again failed to appear on 27th November 2024 and the matter was fixed for assessment of costs on 22nd January…
…2025; that thereafter the defendant was served with a notice of taxation as can be seen from the affidavit of service sworn on 11th December 2024; the defendant failed to appear in court and a ruling date was slated for…
Division and case type: High Court CivilCivil Suit
…I have now been shown an affidavit of service sworn by Moses Musembi Nzomo process server on 12th November 2024 deposing that the applicants made effort to serve the Defendants whose advocates withdrew from acting for them…
…The applicants admit that it was their fault not to file into court evidence of efforts made to serve the application hence, the dismissal of the suit for non-service. 5.…
Division and case type: Environment and Land CourtCivil Suit
…The defendant/applicant was duly served with the application as disclosed in the affidavit of service sworn on 20th January 2025 herein. Besides, there is no response to the application.…
…Mr Maina instructed by Mr Mbeche, Learned counsel for the defendant/applicant referred to the application and the affidavit of service. Therefore, he urged the court to allow the application accordingly.…
Division and case type: High Court CivilCivil Suit
…THAT this Honourable Court grant the applicants (the Respondents herein) leave to cross-examine the process server, Dennis Musembi Kiema, the deponent of the Affidavit of service dated 23 rd January, 2024 during hearing of…
…THAT the deponent of the affidavit of service dated 23 rd January, 2024 be cited for perjury.…
Division and case type: High Court CivilCivil Suit
…In the face of that, I directed, in that ruling of 15th March 2024, that the applicant avail the court process server who allegedly served the order on them, one Moses Kuloba Keya, for cross-examination, on the contents of…
…his affidavit of service of 26th June 2023. 3.…
Division and case type: High Court CivilCivil Suit
…Gichuhi for the 1 st and 2 nd defendants told the court that he had served the Plaintiff through his counsel but had not filed an affidavit of service.…
…Gichuhi informed the court that he had served the Plaintiff and filed an affidavit of service. He asked the court to dismiss the Plaint for the reason that the Plaintiff was not interested in prosecution the suit. Mr.…
Division and case type: High Court DivCivil Suit
…of service evidencing the same.…
…The affidavit of service herein was sworn on 15/11/2021 and none is shown after 6/12/2021.…
Division and case type: High Court CivilCivil Suit
…He claims that the averments made in the affidavit of service are entirely untrue. The Applicant also claims that he was unwell at all material times preceding the issuance of the warrants of arrest. 18.…
…The Honourable Deputy Registrar, upon determining that the affidavit of service on record was defective, directed that the notice to show cause be extended to enable proper service to be effected.…
Division and case type: Environment and Land CourtCivil Suit
…of service and form part of the record as early as 26/7/23 before the courts directions of 9/10/23. 6 Parties appeared before the Deputy registrar on 18/4/24.…
…The affidavit of service was duly filed under the order 5 Rule 22C (4) by the Advocate being an authorised officer of the court.…
Division and case type: Environment and Land CourtCivil Suit
…A copy of the affidavit of service dated 1st May 2023 was attached as DKSL 3.…
…This was after the plaintiff filed an affidavit of service to the effect that the 1st and 2nd Defendants had been duly served with the pleadings but failed to enter appearance.…
Division and case type: Environment and Land CourtCivil Suit
…There is no affidavit of service by the plaintiffs on the application.…
…The court inter alia directed that the application be served upon those not served and an affidavit of service to be filed. I have perused the record, and have not traced any evidence of service of the application.…