Judgment[1998] KEHC 1
Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: Milimani Commercial CourtsElection Petition
…But under Rule 14(2) of the Rules aforesaid, the publication of the notice in the Gazettee is proper service.…
…Proper service upon the first respondent has been conceded. The first respondentThe electoral Commission of Kenya is creature of the Constitution of Kenya, section 41 thereof.…
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: 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…