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….….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.…

…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.…

…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…

…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.…

…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.…

…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.…

…However, prima facie, service upon the 2nd and 4th respondents was outside the 28 days prescribed by law. I shall first address the 2nd respondent’s case. No personal service was effected.…

…Service of the petition upon the first respondent is effectively service upon the second respondent. His actions are the actions of the first respondent.The two are inseparable in law.…

…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.…

…administration and supervision of Community Development services.…

…The Town Clerk wrote stating he was conveying the decision of the Public Service Commission through the Ministry of Local Government.…

…lodge in the appropriate registry and serve on the intended appellant notice of a full and sufficient address for service.…

…It is for this reason that service of notice of appeal is mandatory, and the power to dispense service is retained in the court, under rule 76(1).…

…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…

…The application was supported by an affidavit of the appellant's then advocate and based solely on the ground of non-service. The learned Judge was satisfied that there was service which when shown to Mr.…

…Kinuthia for the appellant he conceded and, in our view properly, that there was service. This concession disposes of the appeal. It follows that the appeal fails.…

…However, having in view your long service with the Bank, it has been decided to terminate your service forthwith pursuant to clause 13 of your letter of appointment dated 12th October, 1962.…

…By July, 1986, the company was allegedly neither servicing its debts with the defendant, nor was it operating the account.…

…Among matters ordered and notified was the fact that Garnishee do within seven days after the service of the order inform the court what sum is due from him to the judgement debtor.…

…According to the affidavit on the Return of Service it is deponed that the Garnishee was served on October 17, 1990 for hearing on October 23, 1990.…

…REGISTRAR OF TITLES ....................................................RESPONDENTS (Application for extension of time for Service of Notice of Appeal from a conviction ........ of the High Court of Kenya at Nairobi (Mr.…

…Time for service of the Notice of Appeal dated 30th April, 1996 is extended and the attached Notice is deemed duly and properly served on all interested parties for the purposes of the intended appeal.…

…A few comments at this stage on service of summons by registered post, on corporations, would be apt.…

…Order 5 Rule 2 (b) of the Civil Procedure Rules (service of summons on Corporations) to provide for, in the first instance, personal service on relevant officer(s) of the Corporation.…

…one month, the chargee may serve on the chargor notice in writing to pay the money owing or to perform and observe the agreement, as the case may be. (2) If the chargor does not comply, within three months of the date of service…

…Kariuki's contention that there was no valid service of the statutory notice is unanswerable.…

…But in January, 1986, the respondent verbally terminated his services. He remained unemployed until August, 1986.…

…Thereafter, he verbally terminated the appellant’s services and withdrew the application he had made to the Immigration Department for the appellant’s work permit.…