Judgment[1989] KECA 51
Case law
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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.…