Judgment[1994] KEHC 117
Case law
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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.…
Division and case type: CivilCivil Appeal
…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…
…Such a document gives the relevant locus standi to advocates to appear for their client(s) prior to service of summons. In fact it would be prudent for an advocate to file such a Notice which Mr. Ibrahim did.…
Division and case type: CivilCivil Appeal
…Therefore service of the summons had to be made on the defendant to the extent it was practicable. That is the ideal form of service.…
…Accordingly in my view there was no valid service of the summons to enter appearance and therefore the proceedings exparte must be rendered null and void ab initio.…
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.…
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.…
Division and case type: CivilCivil Case
…There is no dispute that there was proof service of summons to enter appearance on the defendant. As a matter of fact the defendant through his earlier counsel did enter appearance in the suit. But that was all.…
Division and case type: CivilCivil Case
…The plaint having been filed on the 9th December, 1985, on the 19th February, 1986 summonses were issued against the two defendants asking each one of them to enter appearance within 15 days from the date of the service of…
…the summons.…
Division and case type: CivilCivil Appeal
…The issue taken on this appeal in grounds 1, 2 and 3 (grounds 4 and 5 having been abandoned) are that firstly the service of summons to enter appearance was irregular.…
Division and case type: Constitutional and Human RightsElection Petition
…For example order 5 Civil Procedure Rules dealing with service of summons in ordinary cases dealing with mode of service directs rule 7.…