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…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.…

…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…

…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…

….…………….APPELLANT AND KENYA BUS SERVICE LIMITED..…………........................................ ………………...RESPONDENTS (Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Ringera) dated 7th June, 1995 IN H…

…CIVIL APPEAL NO. 195 OF 1995 BETWEEN MARY WAMBUI KABUGU Legal Representative of KABUGU MUTUA………….......... ….APPELLANT AND KENYA BUS SERVICE LIMITED………………..............………............................................…

…CIVIL APPEAL NO. 293 OF 1997 BETWEEN ELEGANT SERVICE STATION & GARAGE LIMITED .......................................APPELLANT AND KOBIL PETROLEUM LIMITED EXCELATHON LIMITED ..................................RESPONDENTS (…

…CIVIL APPEAL NO. 15 OF 1992 KENYA BUS SERVICES lIMITED...........................................................APPELLANT AND SUSAN MUTETI..................................................................................…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..................................…

…CIVIL APPEAL NO. 171 OF 1995 BETWEEN ROYAL MEDIA SERVICES LTD. .............................. APPELLANT AND KJENYA TELEVISION NETWORK LTD. .........................…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment…

…In the matter before us, M/s Aberdare Freight Services Ltd (hereinafter “Aberdare”) is pitted against the Kenya Revenue Authority (KRA) over some 124x20 feet containers or 62,000 bags of sugar imported into the country in…

…REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT…

…NO. 331 OF 2008) *********** R U L I N G I have before me a notice of motion dated 12th November, 2009 and filed on the same date in which the applicant CFC Financial Services Limited is seeking three orders namely:- “1.…

…The law on the question of service of order stresses the necessity of personal service. In Halsbury’s Laws of England (4th Ed) Vol 9 on p 37 para 61 it is stated: “61. Necessity of personal service.…

…Service on Wetangula & Co does not constitute personal service on any of the three officers. It is a personal service on each one of them that is required to be effected by law.…

…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.…

…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.…

…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…

….….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.…

…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…

…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.…

…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.…

…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.…

…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.…