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…Service on an agent is essentially second hand; second best. Service of process is so crucial a matter in litigation that courts including Deputy Registrars must encourage the best of service; i.e personal service.…

…As Nyarangi, JA has correctly pointed out, service of process is so crucial a matter in litigation that courts must encourage the best of service – personal service. 24.…

…It is not correct to say that a service which is not entirely satisfactory and by itself might have to be set aside, cannot ever become a good service.…

…Personal service is the ideal, but it may not be possible to achieve. Rule 9 commences with the words “whenever it is practicable’” before providing for personal service.…

….….APPELLANT AND APPOLLOS KENNEDY MWANGI t/a APPOLLOS SERVICE STATION…………………………………........…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Rimita, J.) dated 31/10/1994 in H.C.C. SUIT.…

…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.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER…

…Mrs Anna Njambi Gathige did not sign the agreement and she was not a co-defendant: Benard Gathige Njuah, the operator, was sued as purporting to trade as Gichamu Petrol Service Station.…

…Under the agreement the plaintiff granted to the defendant Company inter alia an exclusive licence to operate the plaintiff’s service station erected on the plaintiff’s land at Park Road Nairobi, for the purpose of selling…

…Under rule 17(1) of the Rules, there being no directions given by this court as to the mode of service, personal service in the present instance must be effected by serving the Notice of Appeal on a director, manager or secretary…

…Realising that service might be defective it vehemently and extensively tracked the first respondent's managing director to his residence. Despite Mr.…

…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.…

…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…

…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…

…The fact of late service of this Notice of Appeal came to the applicant's attention on 12th August, 1994 when he returned to his office after taking a rest on the advice of his doctors.…

…In any case, after service of the Notice of Appeal on 4th August, 1994 it was clear to the respondent that the same was served out of time.…

…At the time the appellant’s services with K.G.G.C.U. were terminated his monthly salary had reached K.Shs. 1,875/= per month, that is as at 4th July, 1981.…

…On 4th July, 1981 the appellant’s services were terminated in terms of K.G.G.C.U’s letter of 4th July, 1981 addressed to the appellant.…

…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.…

…The contract of service was reduced into writing. The said contract also contained a provision by which the employment of the appellant could be terminated by one months’ notice.…

…The respondent on 15th February, 1992, terminated the appellant’s services. The appellant then instituted these proceedings for the recovery of salary for 12 months.…

…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.…

…lodge in the appropriate registry and serve on the intended appellant notice of a full and sufficient address for service.…

…It is for this reason that service of notice of appeal is mandatory, and the power to dispense service is retained in the court, under rule 76(1).…

…The application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…

…Kinuthia for the appellant he conceded and, in our view properly, that there was service. This concession disposes of the appeal. It follows that the appeal fails.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER…

…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…

…Service of it was deemed to have been effectual. But now we know that the process was not delivered. Evidence has been tendered to that effect.…

…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.…