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…Under paragraph 70 of the Advocates Remuneration Order service of notice of taxation is mandatory. It reads as follows: 72.…

…of notice upon such person. 9.…

…Under paragraph 70 of the Advocates Remuneration Order service of notice of taxation is mandatory. It reads as follows: 72.…

…of notice upon such person. 9.…

…Under paragraph 70 of the Advocates Remuneration Order service of notice of taxation is mandatory. It reads as follows: 72.…

…of notice upon such person. 9.…

…Lack of service of notice of entry of judgment is not a ground per se to invalidate a regular judgment. It goes to issues of execution and nothing more. [23].…

…The Appellant challenged its sufficiency, contending that the Respondent had not proven proper service of the notice in accordance with the law.…

…of the default notice. c) Whether the appeal is merited. 16.…

…That being said, it is noteworthy that the instant appeal turns on the issue of service of statutory notices to the 1st respondent and the consequent exercise of the statutory power of sale by the 1st appellant.…

…In Enoka Watako Makokha v Co-operative Bank of Kenya [2015] eKLR, the Court of Appeal held that service of notice by registered post is effective service.…

…Njagi J , in the case Barasa v Momentum Credit Limited 2025] KEHC (KLR) , the Court did not make any determination on the issue of service of notice before repossession and ruled mainly on the basis of failure by the Lender…

…Mongare J , in Njoroge v Baron Capital Limited & Another (Civil Suit E136 of 2023) [2023] KEHC 20998 , is the one that is applicable to some extent on the issue of service of notice, although, it too, was decided on the basis…

…This Court is satisfied that on the material placed before this court, there was no service of notice upon the Respondent to attend court to have a say when the order for costs was made and neither was the respondent served…

…Where it is established that an ex parte order was obtained through mischief, deception or false assurances to the court regarding service of notice, such an order is liable to be set aside ex debito justitiae, as a matter…

…G4S Security Services Limited [2015] eKLR in which the Court had occasion to consider the aforesaid provision and held the view that: “ Order 17 Rule 2(1) of the Civil Procedure Rules does not require service of notice; it…

…of notice upon such person.” 27.…

…The client claimed that there was mischief in the service of the taxation notice to the wrong email as the subsequent ruling notice was sent to the correct email. 31.…

…Therefore, in any event, service of Notice to the Applicant was not required. The Notice requirement is to my mind applicable under order 17 rule 2(1), in circumstances where no step has been taken for one year.…

…That the applicants were dishonest having stated in the body of the Motion that they were unaware of the Judgment for non-service of notice upon them then turn around and advance the ground of heavy work load.…

…Only 2 issues arise for determination: whether there was service of notice, with respect to the hearing scheduled for 23rd January 2020; and whether there were 2 certificates of confirmation of grant in force at the same…

…So, there was service of a notice of the hearing date on the Advocates for the appellant, but those Advocates chose to stay away.…

…If service of notice of hearing or summons to enter appearance has been served, then the court will have before it a regular judgment which may yet be set aside or varied on just terms.…

…As earlier mentioned, the Applicants have on the one hand vehemently denied service of the request for judgment upon their erstwhile advocates and further denied service of the hearing notice for formal proof.…

…Sections 900(1)(c) and 901(2)(c) require service of notice upon creditors or persons with potential claims, and that the Registrar must consider objections by persons “with potential claims.” 24.…

…Joseph Mboya Oguttu [2009] eKLR , the Court of Appeal emphasized that: - “…service of the statutory notice is a mandatory requirement.…

…Vincent Ondieki Nyauma [2020] eKLR , where the court stressed that failure to prove service of notice is fatal to a declaratory suit.…

…He stated that the purpose of service is to inform the other party of the institution of a suit, citing the provisions of Section 48 of the Advocates Act that provides for service of Notice of Taxation and Bill of Costs.…

…He submitted that he has proved that there was no proper service of the notice of taxation as well as the Bill of Costs.…

…Whether the service of proper notice on the hirer would be necessary for repossession of a vehicle, which is the subject matter of a Hire Purchase Agreement, would depend on the terms and conditions of the Hire Purchase Agreement…

…The Financier who set down the terms and conditions of the hire purchase, construed the hire purchase agreement to contain an implied term for service of notice and accordingly dispatched a notice, but did not address it…

…That; “If service of notice of hearing or summons to enter appearance have been served, then the court will have before it a regular judgment which may yet be set aside or varied on just terms.…