Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…In reply counsel for the defendants reiterated that the return of service indicates that he was served with the court order of 6th March 2000 and the order was clear on what it was supposed to achieve; that Laboka is the…
…There is a return of service filed. Paragraph 4 of the said return of service reads “that the said Manyara who became known to me at the time of service accepted service but declined to sign the copy returned herewith.”…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Case
…REPUBLIC OF KENYA Olesa (an infant) v Bayete Peugeot Services Limited High Court, at Nairobi January 30, 1985 O’Kubasu J Civil Case No 297 of 1984 Cases 1. Jones v Giffiths [1969] 2 ALL ER 1015 2.…
…The defendants are Bayete Peugeot Services Limited and John Martin Kibiegon. This suit arises out of a traffic road accident which occurred on August 31, 1981.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 11 of 1991 In The Matter of East African Road Services Ltd and In The Matter of The Companies Act Ruling.…
…By its petition filed in this court on 16th April, 1991, Kenya Shell Limited, a limited liability company (hereinafter called the petitioner ) seeks an order for winding up of East African Road Services Limited, a limited…
Division and case type: CivilCivil Case
…The Plaintiff and through his advocate gave an explanation that the service upon him had been done by registered post to the advocate. It was inadvertently not diarized and the notice somehow was misplaced. 6.…
Division and case type: CivilCivil Case
….……… APPLICANT VERSUS KENYA BUS SERVICES (MSA) LTD…………. RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal.…
Division and case type: Environment and LandLand Case
…............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…
Division and case type: CivilCivil Appeal
….… 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…
Division and case type: CriminalCriminal Case
…..........................1ST APPLICANT RAFIKI DEPOSIT TAKING MICROFINANCE (K) LTD.............................2ND APPLICANT VERSUS THE DIRECTORATE OF CRIMINAL INVESTIGATIONS, KIAMBU....1STRESPONDENT THE NATIONAL POLICE SERVICE…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…The transfer of Mr Adhola to the Nyayo Bus Service was thus effected by letter dated 19th of October, 1989 addressed to the appellant.…
…He duly reported to the Nyayo Youth Service on the 25th of October, 1989 and was on the same day deployed at the Nyayo Bus Service, Mombasa.…
Division and case type: Constitutional and Human RightsPetition
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 38, 39 & 40 of 1991 In the Matter of Avitech Limited, Aircraft Engineering Services Ltd & Rent-A-Plane Ltd and In the Matter of…
Division and case type: Constitutional and Human RightsElection Petition
…To him this service is secondly to the personal service and is allowed to be used in case personal service is not easy or feasible.…
…Personal service on the respondent in any proceedings is superior and should be the mode of service most valued.…
Division and case type: Constitutional and Human RightsElection Petition
…The dispute is that the service was not personal service upon the respondent. Now the issue is, does the law regarding election petition requires personal service?…
…, service shall be made onthe defendant in person unless he has an agent empowered to accept service, in which case service on the agent shall be sufficient”.…
Division and case type: CivilCivil Appeal
….….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.…
Division and case type: CivilCivil Case
…Order V rule 9 envisages that whenever practicable service should be personal service. Order V rule 8 envisages that the summons shall be served on each defendant.…
…If service cannot be effected then the rule 12 of rule 14 mode will be in order. I am afraid service of summons as effected on the second defendant was not proper. It was bad service and remains so.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: Constitutional and Human RightsPetition
…The service of the petition is proved by affidavit with a sealed way of the petition attached while around he filed a --------------------------for the ------------------------ after the service.…
…The service of the Bankruptcy while like the service of a creditor’s petition is proved by affidavit with a sealed copy of the Bankruptcy Notice attached should be filed in court forthwith after service.…
Division and case type: Constitutional and Human RightsElection Petition
…Rule 14 (2) plainly shows how service is to be effected.…
…Surely if they intended to include personal service as one of the modes of effecting service of election petitions, they could easily have stated so.…