Khaminwa v Spiga & 6 others (Civil Appeal (Application) 68 of 2020) [2023] KECA 678 (KLR) (26 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 678
- Citation
- [2023] KECA 678 (KLR)
- Decided
- 26 May 2023
The Court extends time for service of the Notice of Appeal on the 3rd to 7th Respondents with a period of 30 days from the date of this order, and directs that service upon the 3rd Respondent shall be by way of advertisement in a local daily newspaper with national circulation while that on the 4th, 5th and 7th Respondents be by way of service outside Kenya.
Facts
The 3rd to 7th Respondents were never served due to the fact that the Applicant was unable to trace their locations. The 3rd Respondent is a Kenyan Company with an unknown registered office, while the 4th, 5th and 7th Respondents are Italian Citizens not ordinarily resident in Kenya.
Issues
- Whether the Applicant can be granted an extension of time to serve the Notice of Appeal and Record of Appeal on the 3rd to 7th Respondents.
- Whether the mode of service proposed by the Applicant is appropriate and feasible.
Reasoning
The Court finds no serious prejudice to the Respondent by allowing the application, considering the risk of injustice if the court found in favour of the Respondent, than if it determined this application in favour of the applicant.
Outcome
The Court grants the extension of time for service of the Notice of Appeal on the 3rd to 7th Respondents with a period of 30 days from the date of this order.
Orders
- Extension of time for service of the Notice of Appeal on the 3rd to 7th Respondents with a period of 30 days from the date of this order.
- Service upon the 3rd Respondent shall be by way of advertisement in a local daily newspaper with national circulation while that on the 4th, 5th and 7th Respondents be by way of service outside Kenya.
Remedies
- Award of costs to the 1st and 2nd respondents.
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