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…not disputed service of the summons and hence jurisdiction had been properly invoked.…

…It was the 1 st Respondent’s case that the Appellant therefore conceded to the jurisdiction of the court by failing to challenge service of summons to enter appearance. 10.…

…that service of summons to enter appearance and plaint upon the Defendant in a suit is crucial.…

…The issue being service of summons to enter appearance, I have perused the affidavit of service of the said summons and I note that the deponent/ process server, one Joseph Romino Adede explained how he served the summons…

…that service of summons to enter appearance and plaint upon the Defendant in a suit is crucial.…

…The issue being service of summons to enter appearance, I have perused the affidavit of service of the said summons and I note that the deponent/ process server, one Joseph Romino Adede explained how he served the summons…

…Kibuthu contended that in the absence of service of summons to enter appearance, the defendant does not have any legal standing or authority before the Court to ventilate over the issues in dispute on account of the plaintiff…

…The issue for determination is if the suit herein abated for want of issuance and service of summons. 27.…

…service of summons.…

…The Plaintiff argues that the Defendants cannot challenge service of summons that had not yet been issued and should instead await extraction and service of summons before raising any complaint regarding service outside Kenya…

…The defendants attributed the failure to file a defence in time to lack of service of summons to enter appearance. 17.…

…of the said summons upon the defendants.…

…That the learned trial magistrate failed to appreciate that interlocutory judgment obtained without proper service of summons and statement of claim is irregular and ought to be set aside ex debito justiciae. 4.…

…The main issue raised by the appellant is the issue of service of summons to enter appearance.…

…Her application is based on the issue of alleged non-service of summons upon her. How was she served?…

…I am afraid service of summons as effected on the second defendant was not proper. It was bad service and remains so. Hence I do not have to go into merits of defence.…

…of summons and the pleadings was effected. 12.…

…The purpose of the requirement for effective service of summons cannot be disputed.…

…of Summons, particularly where no prejudice is demonstrated. 16.…

…of summons that would warrant the dismissal of a suit. 26.…

…Order 5 Rule 1 of the Civil Procedure Rules provides for the issue and service of summons as follows: (1) When a suit has been filed a summons shall issue to the Defendant ordering him to appear within the time specified…

…In Amina Hersi Moghe & 2 others vs Diamond Trust Bank Kenya Limited & Anor (2021) eKLR, the court held that: “…even without the issuance and service of summons, a Defendant enters appearance or files a defence or otherwise…

…The Appellant submits that the ex parte judgment was regularly entered under Order 10 of the Civil Procedure Rules after proper service of summons.…

…They submit that the central issue was whether proper service of summons had been effected, and that the lower court correctly found doubt as to service. 17.…

…In Lee Mwathi Kimani v National Social Security Fund & Another [2014] eKLR, the Court emphasized the centrality of service of summons in the following terms: “Service of summons is a vital step in initiating litigation and…

…The law is settled that where a default judgment is entered in the absence of valid service of summons, such judgment is irregular and must be set aside ex debito justitiae, as of right (See James Kanyita Nderitu v Marios…

…A regular judgment is one entered after proper service of summons but in default of appearance or defence, while an irregular judgment is one entered without proper service of summons. 12.…

…That affidavit confirms service of summons solely upon Bernard Kariuki Njoroge, one of the defendants, and makes no mention whatsoever of service upon the deceased, Mary Wanjiku Wangaruro. 18.…

…service of summons upon a Defendant. 5.…

…The appellant submitted that she had only filed a Notice of Appointment of Advocate and she had never filed any statement of defence for want of service of summons. 12.…

…THAT the Plaintiff has not taken out or served summons to enter appearance as provided for by Order 5 of the Civil Procedure Rules and no further steps can be taken in the absence of service of summons to enter appearance…

…of summons.…

…The memorandum of appeal raised nine grounds which, in summary, challenge the findings of the learned magistrate on service of summons, representation by counsel, regularity of the interlocutory judgment, and the right of…

…Whether the Appellant was served with Summons 9. Service of summons to enter appearance is a fundamental requirement for the assumption of jurisdiction over a defendant.…

…The Defendant has contested service of Summons to Enter Appearance.…

…The purpose of the requirement for effective service of summons cannot be disputed.…

…service of summons, the applicant be granted leave to file their defence (sic). 4.…

…of summons to enter appearance against the defendant.…