Search court decisions

…Co-Operative Bank of Kenya Ltd v Shiraz Shabudin Sayani t/a Makupa AGIP Service Station (Civil Suit 23 of 1999) [1999] KEHC 170 (KLR) (19 April 1999) (Ruling) Co-operative Bank of Kenya Ltd v Shiraz Shabudin Sayani t/a Makupa…

…Agip Service Station [1999] eKLR Neutral citation: [1999] KEHC 170 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL SUIT 23 OF 1999 PN WAKI, J APRIL 19, 1999 BETWEEN CO-OPERATIVE BANK OF KENYA LTD .............…

…To him this service is secondly to the personal service and is allowed to be used in case personal service is not easy or feasible.…

…Personal service on the respondent in any proceedings is superior and should be the mode of service most valued.…

…The dispute is that the service was not personal service upon the respondent. Now the issue is, does the law regarding election petition requires personal service?…

…, service shall be made onthe defendant in person unless he has an agent empowered to accept service, in which case service on the agent shall be sufficient”.…

…Rule 14 (2) plainly shows how service is to be effected.…

…Surely if they intended to include personal service as one of the modes of effecting service of election petitions, they could easily have stated so.…

…However, prima facie, service upon the 2nd and 4th respondents was outside the 28 days prescribed by law. I shall first address the 2nd respondent’s case. No personal service was effected.…

…Service of the petition upon the first respondent is effectively service upon the second respondent. His actions are the actions of the first respondent.The two are inseparable in law.…

…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…

…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…

…Among matters ordered and notified was the fact that Garnishee do within seven days after the service of the order inform the court what sum is due from him to the judgement debtor.…

…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…

…According to the defendant the plaintiff is a stranger to him and has never entered into any agreement with the defendant for any professional service.…

…He says that the plaintiff is a stranger to the defendant and that there was no agreement between them for any professional service. Accordingly I do not think that the said paragraph is applicable in this case.…

…He had put in 32 years and 2 moths service and was found to be entitled to Kshs 6,452,060.00 as emoluments. ii. The second plaintiff was 50 years of age.…

…He had put in 25 years and 8 months of service His emoluments came to Kshs.5,520,380.00 iii.…

…The Respondent’s Advocate did not attend court despite service with the hearing notice.…

…Miss Mungai’s contention was that as a result of service of the particulars outside the time agreed between the parties, the Respondent was in breach of a court order and was in contempt of pre-existing court order entered…

…In respect of the 3rd and 4th defendants the affidavit of service shows that they were served on the 21st of July 2004.…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The other item to be considered is the length of time this man could have continued to earn that amount of money in the Civil Service, there is compulsory retirement at the age of 55 years.…

…It is based on the grounds that service of the plaintiff’s applications dated 23rd September 1999, 11th December 2000 and 16th August 2004 was effected on the defendant’s former advocates who have since ceased to act for…

…As I have indicated before there was no contract of service between these people. What the plaintiff is merely saying is that I was dismissed when I was 36 years.…

…In conclusion the 1st defendant withdrew the 1st plaintiff’s licence for having acted contrary to the CPK’s Constitution and terminated his services as a church minister with immediate effect.…

…However, another questionwhich arises out of this relationship is “can a servant whose services have been terminated impose himself upon his master?” I think he cannot.…

…In the case of Embu Public Road Service Ltd. vs Riimi (1968) E A 22 where the vehicle traveling at between 20-25 M.P.H. which had its spring suddenly broken thus causing an accident in which a passenger was injured, the trial…

…Such notice has to be decided considering the length of service of the employee and the level at which he was functioning. The plaintiff had worked for about 8 years for the defendant.…

…If the second defendant were not available then the plaintiff should have applied for leave for substituted service.…