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…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Kneller JA, Chesoni & Nyarangi Ag JJA ) CIVIL APPEAL NO. 50 OF 1983 BETWEEN NDOO T/A NGOMENI BUS SERVICE........................................APPELLANT AND KAKUZI LTD..........…

…The bus was owned by Ndoo, trading as Ngomeni Bus Service, the plaintiff/appellant, from Kitui.…

….…………….APPELLANT AND KENYA BUS SERVICE LIMITED..…………........................................ ………………...RESPONDENTS (Appeal from the Judgment of the High Court of Kenya at Nairobi (Justice Ringera) dated 7th June, 1995 IN H…

…CIVIL APPEAL NO. 195 OF 1995 BETWEEN MARY WAMBUI KABUGU Legal Representative of KABUGU MUTUA………….......... ….APPELLANT AND KENYA BUS SERVICE LIMITED………………..............………............................................…

…CIVIL APPEAL NO. 293 OF 1997 BETWEEN ELEGANT SERVICE STATION & GARAGE LIMITED .......................................APPELLANT AND KOBIL PETROLEUM LIMITED EXCELATHON LIMITED ..................................RESPONDENTS (…

…CIVIL APPEAL NO. 15 OF 1992 KENYA BUS SERVICES lIMITED...........................................................APPELLANT AND SUSAN MUTETI..................................................................................…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI CIVIL APPEAL 135 OF 1994 SHIMBA TOURIST SERVICES LIMITED......................................APPELLANT AND WILSON MISE KIGANI..................................…

…CIVIL APPEAL NO. 171 OF 1995 BETWEEN ROYAL MEDIA SERVICES LTD. .............................. APPELLANT AND KJENYA TELEVISION NETWORK LTD. .........................…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Kneller, Hancox JJA & Nyarangi Ag JA ) CIVIL APPEAL NO. 64 OF 1984 Between KENYA CARGO HANDLING SERVICES LIMITED.................APPELLANT AND DAVID UGWWANG.......................…

….........................................RESPONDENT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT David Ugwwang (the respondent) was a loading and booking clerk employed by the Kenya Cargo Handling Services…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 263 of 2004 ABERDARE FREIGHT SERVICES LTD………………………....APPELLANT AND KENYA REVENUE AUTHORITY……………………………….RESPONDENT (Being an appeal from the judgment…

…In the matter before us, M/s Aberdare Freight Services Ltd (hereinafter “Aberdare”) is pitted against the Kenya Revenue Authority (KRA) over some 124x20 feet containers or 62,000 bags of sugar imported into the country in…

…REPUBLIC OF KENYA COURT OF APPEAL IN KENYA AT NAIROBI CIVIL APPLICATION 323 OF 2009 CFC FINANCIAL SERVICES LIMITED................................APPLICANT AND JUJA ROAD FANCY STORE LIMITED............................RESPONDENT…

…NO. 331 OF 2008) *********** R U L I N G I have before me a notice of motion dated 12th November, 2009 and filed on the same date in which the applicant CFC Financial Services Limited is seeking three orders namely:- “1.…

…The law on the question of service of order stresses the necessity of personal service. In Halsbury’s Laws of England (4th Ed) Vol 9 on p 37 para 61 it is stated: “61. Necessity of personal service.…

…Service on Wetangula & Co does not constitute personal service on any of the three officers. It is a personal service on each one of them that is required to be effected by law.…

…............APPLICANT AND TOTAL KENYA LIMITED ....................................RESPONDENT (Application for an order of a temporary injunction to restrain the Respondent from retaking possession of the Kendu Bay Total Service…

….… APPELLANT VERSUS KENYA BUS SERVICES (MSA) LTD…………..….DEFENDANT (Appeal from the High Court at Mombasa, Bhandari J) JUDGMENT This is an appeal from a judgment of Bhandari J following a hearing which took place at Mombasa…

…Section 14 of the Employment Act, cap 226, which settles the matter in favour of the plaintiff, provides, “14 (1) Every contract of service: (a) for a period, or a number of working days which amount in the aggregate to the…

…Service on an agent is essentially second hand; second best. Service of process is so crucial a matter in litigation that courts including Deputy Registrars must encourage the best of service; i.e personal service.…

…As Nyarangi, JA has correctly pointed out, service of process is so crucial a matter in litigation that courts must encourage the best of service – personal service. 24.…

…It is not correct to say that a service which is not entirely satisfactory and by itself might have to be set aside, cannot ever become a good service.…

…Personal service is the ideal, but it may not be possible to achieve. Rule 9 commences with the words “whenever it is practicable’” before providing for personal service.…

….….APPELLANT AND APPOLLOS KENNEDY MWANGI t/a APPOLLOS SERVICE STATION…………………………………........…RESPONDENT (Appeal from an order of the High Court of Kenya at Nakuru (Rimita, J.) dated 31/10/1994 in H.C.C. SUIT.…

…IN THE COURT OF APPEAL AT NAIROBI (Coram: Hancox JA, Chesoni & Platt Ag JJA) CIVIL APPEAL NO 34 OF 1982 KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES (1976)” & ANOTHER …………….…..…………….APPLICANT VERSUS OLIVE LUBIA & ANOTHER…

…Mrs Anna Njambi Gathige did not sign the agreement and she was not a co-defendant: Benard Gathige Njuah, the operator, was sued as purporting to trade as Gichamu Petrol Service Station.…

…Under the agreement the plaintiff granted to the defendant Company inter alia an exclusive licence to operate the plaintiff’s service station erected on the plaintiff’s land at Park Road Nairobi, for the purpose of selling…

…Under rule 17(1) of the Rules, there being no directions given by this court as to the mode of service, personal service in the present instance must be effected by serving the Notice of Appeal on a director, manager or secretary…

…Realising that service might be defective it vehemently and extensively tracked the first respondent's managing director to his residence. Despite Mr.…

…The fact of late service of this Notice of Appeal came to the applicant's attention on 12th August, 1994 when he returned to his office after taking a rest on the advice of his doctors.…

…In any case, after service of the Notice of Appeal on 4th August, 1994 it was clear to the respondent that the same was served out of time.…