Case law
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Division and case type: Environment and Land CourtPetition
…The 2nd respondent opposed the petition by a Replying Affidavit sworn on 7th February 2024 by Brian Ikol, the Director Legal Affairs and Regulatory Services, who deponed, inter alia; that the 2nd respondent received a complaint…
Division and case type: Constitutional and Human RightsPetition
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION COURT MARTIAL CRIMINAL APPEAL 5 Of 2016. 87058 SPTE ALLAN OMONDI ANYANGA................APPLICANT AND REPUBLIC.........................................................................RESPONDENT.
Division and case type: Environment and Land CourtPetition
…The Preliminary Objection dated 22nd day of April 2024 significantly raises the issue that the current petition is res judicata the decision in Malindi Civil Suit No. 83 of 2011- Matunda Service Ltd v Fredrick Kithi & 16…
…In the Preliminary Objection, the 1st Respondent contends that the same issues raised in the petition were addressed in Malindi Civil Suit No. 83 of 2011—Matunda Service Ltd v Fredrick Kithi & 16 others.…
Division and case type: Environment and Land CourtPetition
…The 2nd Garnishee also opposed the instant Application through the Replying Affidavit of ROSE MULUSA sworn on 30th May, 2023, in her capacity as the Service Manager of the 2nd Garnishee.…
…Reliance was placed in the case of Karani V Judicial Service commission [2022] KESC 37 (KLR).…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 11 of 1991 In The Matter of East African Road Services Ltd and In The Matter of The Companies Act Ruling.…
…By its petition filed in this court on 16th April, 1991, Kenya Shell Limited, a limited liability company (hereinafter called the petitioner ) seeks an order for winding up of East African Road Services Limited, a limited…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 38, 39 & 40 of 1991 In the Matter of Avitech Limited, Aircraft Engineering Services Ltd & Rent-A-Plane Ltd and In the Matter of…
Division and case type: Environment and Land CourtPetition
…On 17th October 2022 Ms Meme informed the court that they had effected service on all the respondents and have filed an affidavit of service.…
…and service via Mobile Enabled Messaging applications.…
Division and case type: Environment and Land CourtPetition
…THAT the service cannot be effected by way of the ordinary service as provided by law. b.…
…THAT efforts to trace Muhammad Uthman Adam named herein as the 2nd Respondents and their whereabouts for the purposes of service of the Court documents or process will be fruitless thereby making it difficult to effect service…
Division and case type: Constitutional and Human RightsPetition
…The service of the petition is proved by affidavit with a sealed way of the petition attached while around he filed a --------------------------for the ------------------------ after the service.…
…The service of the Bankruptcy while like the service of a creditor’s petition is proved by affidavit with a sealed copy of the Bankruptcy Notice attached should be filed in court forthwith after service.…
Division and case type: Environment and Land CourtPetition
…There was no mention of the process server having received a copy of the petition for service.…
…In his affidavit of service, the process server indicated that he received copies of the notice of motion dated 04.01.2023, a notice of change of advocates and a copy of a court order issued on 13.01.2023 for service upon…
Division and case type: Environment and Land CourtPetition
…personal service.…
…Necessity of personal service.…
Division and case type: Environment and Land CourtPetition
…interest of justice, I direct and rule as follows; a) The Petitioner to file and serve the Application upon the Respondents forthwith but not later than close of business today, 11th June, 2026, and file an Affidavit of service…
…. b) Upon receipt of service, the Respondents are directed to file and serve their response within fourteen (14) days. c) The Petitioner is hereby granted leave to file and serve any further response, if any, upon receipt…
Division and case type: Environment and Land CourtPetition
…Attorney General's Office at Mombasa never had a registry clerk named Peter, as indicated on said affidavit of service. g) The Office of the Attorney General additionally had considerable difficulty with reconciling this…
…According to the deponent, the affidavit of service alleging service upon the Attorney General on 22nd April 2024 was falsified as a copy showing service was received was never attached to the affidavit of service. 14.…
Division and case type: Constitutional and Human RightsPetition
…REGISTRAR OF TITLES ....................................................RESPONDENTS (Application for extension of time for Service of Notice of Appeal from a conviction ........ of the High Court of Kenya at Nairobi (Mr.…
…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…
Division and case type: Environment and Land CourtPetition
…Despite the notice, no affidavit of service was ever availed. 7. The 2nd and 3rd respondents are represented by M/s G.S Okoth & Company Advocates.…
…It is submitted that in absence of service upon the 1st respondent, the whole case will be a mistrial. It is also raised that Mr.…
Division and case type: Environment and Land CourtPetition
…The 3rd respondent filed its Amended Notice of Motion Application on November 26, 2025, praying for the following orders, among others: a) This Court be pleased to certify this application as urgent and to dispense with service…
…Without proper service, the 3rd respondent asserts that the current judgment is invalid and irregular, and that the Court should exercise its discretion to set it aside ex debito justiciae.…
Division and case type: Environment and Land CourtPetition
…That he indicated that the decree holder should collect the requisite Boundary Dispute Summons from his office on 20/11/2023 for purposes of service upon the relevant parties to ensure attendance on 5/12/2023.…
…That the petitioners collected the said summons for service.…
Division and case type: Environment and Land CourtPetition
…guilty of such disobedience or breach to be attached and may also order such person to be detained in prison for a term not exceeding six months unless in the meantime the court directs his release” In the case of Teachers Service…
…I have perused the affidavit of service by one Musyoka Samuel dated 3rd March 2023 and the 1st Respondents was not personally served and the persons served refused to sign. I find that this service is improper.…
Division and case type: Environment and Land CourtPetition
…In Shimmers Plaza Limited v National Bank of Kenya Limited [2015] eKLR, the court stated as follows: “We now revisit the issue of service. Was there service of the order said to have been disobeyed on the respondent?…
…There is no dispute that no formal order was extracted and personally served on the respondent and an affidavit of service filed to that effect.…
Division and case type: Environment and Land CourtPetition
…The Kitui County Commander, National Police Service and; n.…
…Counsel for the Applicants stated that the decree was served upon the respondents as per the affidavit of service filed.…