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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…

…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”.…

…It was the plaintiff's evidence that the 1st defendant terminated his services by letter dated 17th April, 1996, which gave him one month's notice.…

…Paragraph ten (10) of the terms of employment, makes provision for termination of services.…

…At the time the appellant’s services with K.G.G.C.U. were terminated his monthly salary had reached K.Shs. 1,875/= per month, that is as at 4th July, 1981.…

…On 4th July, 1981 the appellant’s services were terminated in terms of K.G.G.C.U’s letter of 4th July, 1981 addressed to the appellant.…

…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.…

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

…There are no service records of the tractor.…

…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.…

…In the second situation, the registrar, on notice to the parties may list the appeal before the judge for dismissal if no steps have been taken to set it down for hearing within 1 year after the service of memorandum of appeal…

…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.…

…In the Attorney-General’s chambers in Nairobi the matter was being dealt with by a Mr Raballa who resigned from Government service and thereafter the file seems to have remained buried somewhere in the archives since, according…

…Even though the defendants were served and an Affidavit of service duly filed, they neither filed any responses nor attended court to oppose the application.…

…The other item to be considered is the length of time this man could have continued to earn that amount of money in the Civil Service, there is compulsory retirement at the age of 55 years.…