Judgment[1989] KECA 51
Case law
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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.…