Martha Wambui Kinyua v Beatrice Wanjiru Kambo & another [2017] KEELC 1795 (KLR)
- Court
- Environment & Land Court
- Case number
- 1795
- Citation
- [2017] KEELC 1795 (KLR)
- Decided
- 19 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous decision to reissue summons and grant substituted serviceCoramGacheru
Holding
The application to reissue summons and grant substituted service to the 1st Defendant is dismissed with costs to the Plaintiff.
Facts
The 1st Defendant (Defendant) previously sought to have the plaint struck out due to non-service, but the court dismissed this application. The Plaintiff (Plaintiff) seeks to reissue summons and substituted service for the 1st Defendant.
Issues
- Whether the court should reissue summons to the 1st Defendant and grant leave for substituted service
- Whether the court should grant substituted service to the 1st Defendant
Reasoning
The court dismissed the previous application to strike out the plaint due to non-service, and the current application is not a new appeal but a request to reissue summons and grant substituted service, which the court cannot consider.
Outcome
The application is dismissed with costs to the Plaintiff.
Authorities cited
Cases cited (1)
- Tropical Foods
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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