“"service of summons"” — court decisions

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

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.…

appeal is hereby allowedAllowed12 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.…

Judgment[2003] KEHC 93818 August 2003

Bakari v Mohamed & 2 others

High Court at MombasaCourt an interlocutory application in this petitionCase number Election Petition 3 of 2003

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.…

petition struck outDismissed27 min read