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…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 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.…

…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.…

…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.…

…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.…

…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.…

…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 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.…

…record of the first suit and I note that paragraph 2 thereof which describes the defendants reads:- “The defendants 1, 2 and 3 are male adults while defendants 4 and 5 are female adults of sound mind and their address for service…

…Box 339, Thika (service through the plaintiff’s advocate’s office).”…

…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.…

…The criticism of non-service of the plaint upon the Defendant must be merited.…

…For that matter how can it be that non-service of a plaint can be ‘as provided by law? How can it be an abuse of the court process to make an application to strike out a plaint?…

…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.…

…The criticism of non-service of the plaint upon the Defendant must be merited.…

…For that matter how can it be that non-service of a plaint can be ‘as provided by law? How can it be an abuse of the court process to make an application to strike out a plaint?…

…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…

…Learned state counsel personally took the letter to the debtor who read it but declined to accept service. On May 11, 1989, the state counsel addressed another letter to the debtor.…

…The appellant, in his wisdom, declined to accept service. Another letter was sent to the appellant by registered post on May 11th, 1989.…

…I will therefore not award any damages under the workmen’s compensation or loss of salary, as the plaintiff’s services were terminated and his dues were paid in accordance with his terms of service.…

…With respect to the fifth to the eighth plaintiffs, their case is that the defamatory words though they are not specifically named therein, apply to them because of their previous military service.…

…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.…