“"service of summons"” — court decisions

Judgment[1994] KEHC 11727 February 1994

Credit Corporation Ltd v Mathew Joseph Ogutu & another

High Court at NairobiCase number Civil Case 1946 of 1983

Division and case type: CivilCivil Case

…Her application is based on the issue of alleged non-service of summons upon her. How was she served?…

…I am afraid service of summons as effected on the second defendant was not proper. It was bad service and remains so. Hence I do not have to go into merits of defence.…

application is allowedAllowed4 min read

Judgment[1989] KEHC 5226 April 1989

BP Nairobi Service Station Ltd v BP Kenya Ltd

High Court at NairobiDenning,Sachs,Buckley,Alibhai,EsmailCase number Civil Case 3424 of 1982

Division and case type: CivilCivil Case

…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.…

…I am satisfied that there was no valid service of the summons to enter appearance and the plaint and in any case the defendant’s affidavits disclose a good defence on the merit.…