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…Ngeyma v Akamba Public Service High Court, at Mombasa February 8, 1985 Mandari J Civil Case No 1034 of 1983 Cases Benham Carter v Hyde Park Hotel Ltd [1948] 64 TLR 177 Firozali Noormchmed Haji v Elias Kapomba Toka C A 46/…

…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.…

…Mr Kasmani for respondent however referred to return of service and said that service was proper. There is a return of service filed by Mr Dickson Aura Etabale a process server in Nairobi.…

…REPUBLIC OF KENYA Njoroge v Prestige Air Services Ltd High Court, at Mombasa August 15, 1991 Wambilyangah J Civil Case No 204 of 1990 Civil Practice and Procedure – setting aside - default judgment – judgment in default of…

…Patel v EA Cargo Handling Services Ltd [1974] EA 75 2. Shah v Mbogo [1967] EA 116 3. Sebei District Administration v Gasyali [1968] EA 300 4. Mwangi v Mugiria [1983] KLR 78 5.…

…Co-Operative Bank of Kenya Ltd v Shiraz Shabudin Sayani t/a Makupa AGIP Service Station (Civil Suit 23 of 1999) [1999] KEHC 170 (KLR) (19 April 1999) (Ruling) Co-operative Bank of Kenya Ltd v Shiraz Shabudin Sayani t/a Makupa…

…Agip Service Station [1999] eKLR Neutral citation: [1999] KEHC 170 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CIVIL SUIT 23 OF 1999 PN WAKI, J APRIL 19, 1999 BETWEEN CO-OPERATIVE BANK OF KENYA LTD .............…

….……… 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.…

….… 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.…

…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”.…

…In a civil suit an initiating process is the service of summons upon a defendant and in this case the process server both in his return of service and in his oral evidence in this court stated that he served the 1st defendant…

…Presumption as to service – There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it, to show that the return is incorrect.…

…Service of court processes by post to advocates after appearance is provided for under Order IX rule 7 (1) Civil Procedure Rules.…

…Service of it was deemed to have been effectual. But now we know that the process was not delivered. Evidence has been tendered to that effect.…

…This view coloured an attitude to regulation 25 of the Public Service Regulations, so much so that a probation order came to be seen as tantamount to an acquittal.…

…The reason is that the Court felt it impossible to force the services of an employee on to an employer, when the latter had lost all confidence and trust in the employee.…

…The service included testing the steering hydraulic system according to manufacturers service manual.…

…There are no service records of the tractor.…

…The offence of personating a person employed in the public service is covered by section 105(b) of the Penal Code.…

…It states;- “Where any person who falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing an act by virtue of such employment…

…Thereafter the witness was instructed that the motor vehicles should be serviced ready to travel to Kigali.…

…Accordingly I order that the defendant do within 21 days of service of this order furnish security in the sum of Kshs.2,500,000/= or alternatively appear within the same period and show cause why he should not furnish such…

…Justice Odero certied the application as urgent and directed that the mater comes for directions before the duty judge on 23.12.2009.On the said date, the duty Judge gave directions for service of the Petition by way of…

…substituted service through the print media and the application was xed for hearing today. 5.…

…accounting not in themselves sufficient evidence – Evidence Act (cap 80) section 37 The appellants had been separately charged with two offences: fraudulent false accounting and stealing by a person employed in the public service…

…The receipts, however, did not show the specific purposes for which the money was paid and no evidence was led on what the prescribed fee was for the various services.…

…On this aspect it also instructive to consider the following passage from the judgment of Nyarangi JA in the case of Janet Ndiare (minor by her next friend Joshua) v Kenya Bus Service (Mombasa) Ltd and another Civil Appeal…

…Lost income is one which should have been available after his allowing for statutory deductions such as income tax, service charge, NSSF, NHIF, etc etc. I come up with a figure of Shs 800/= as his net income.…

…It is likely that counsel for the respondents will assist, as he gallantly sought to represent both respondents, despite non-service in the case of Mr Kombo Kassim Omar.…

…The court was referred to decisions of the High Court allowing for valuable remunerated employment after retirement from the Civil Service, and the courts would do well to consider that situation whenever it arises.…