Alice C. Juma & another v Esther Chepkurui Magai & 2 others [2017] KEELC 1677 (KLR)
- Court
- Environment & Land Court
- Case number
- 1677
- Citation
- [2017] KEELC 1677 (KLR)
- Decided
- 29 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order granting leave to amend and to effect service of summonsCoramD. O. OHUNGO
Holding
The court granted leave to reissue the summons to enter appearance to the 3rd defendant, granted leave to effect service of the summons through registered post, and granted leave to amend the plaint to include a new defendant.
Facts
The plaintiffs filed a notice of motion seeking to reissue the summons to enter appearance to the 3rd defendant, grant leave to effect service of the summons through registered post, and amend the plaint to include a new defendant.
Issues
- Service of summons to the 3rd defendant
- Amendment of the plaint
Reasoning
The plaintiffs had made unsuccessful efforts to personally serve the 3rd defendant with summons, and the proposed 4th defendant was a signatory to the sale agreement with the postal address of the 3rd defendant.
Outcome
The plaintiffs' application was granted.
Orders
- Reissue the summons to enter appearance to the 3rd defendant for a period of twelve months
- Grant leave to effect service of the summons to the 3rd defendant through registered post
- Grant leave to amend the plaint to include the 4th defendant
- Service of summons and amendment to be effected within 21 days from the date of this ruling
- The 3rd defendant to enter appearance within 21 days from the date of whichever option of service that is last
Remedies
- Reissued summons to enter appearance
- Service of summons through registered post
- Amendment of the plaint
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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