Judgment
Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Mr Wasuna’s secondary submission is that even if there was proper service, there were sucient reasons why the ower courts should have exercised discretion in favour of the appellant.…
…He went on to hold that there was proper service. 21. Order V Rule 9 provides that wherever it is practicable service shall be made on the defendant in person, unless he has an agent empowered to accept service.…
Division and case type: CivilCivil Appeal
…In our respectful view, the matter of proper service of notice in the instant case is a critical one. the failure to serve the statutory notice in accordance with section 74 (1) and (2) is fatal.…
Division and case type: Constitutional and Human RightsElection Petition
…The Court had this to say “throwing a bundle of court documents to a party to be served with them does not constitute proper service of court process. It would be ridiculous to extend the rule to that limit”.…
Division and case type: CivilCivil Appeal
…The court has no discretion where it appears there has been no proper service; Kanji Naran v Velji Ramji (1954) 21 EACA 20: and the power to set aside the judgment does not cease to apply because a decree has been extracted…