Clement Lawrence Odhiambo v Omol Chuma [2021] KEELC 1001 (KLR)
- Court
- Environment & Land Court
- Case number
- 1001
- Citation
- [2021] KEELC 1001 (KLR)
- Decided
- 15 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSubstituted Service ApplicationPostureApplication for substituted service grantedCoramG.M.A ONG’ONDO
Holding
The court grants the application for substituted service and costs of the application.
Facts
The applicant, Clement Lawrence Odhiambo, filed an application seeking substituted service for the respondent, Omol Chuma, due to the respondent's unknown physical address, postal address, and telephone number. The applicant had previously filed an originating summons on October 26, 2017, claiming adverse possession over a portion of the suit land.
Issues
- Substituted service for the respondent
- Costs of the application
Reasoning
The court has the inherent and special powers to grant orders to meet the best ends of justice. The court finds the application meritorious and grants the prayer for substituted service.
Outcome
The application is granted.
Orders
- Allowing the prayer for substituted service through the Standard newspaper
- Granting costs of the application
Remedies
- Substituted service through the Standard newspaper
- Costs awarded to the applicant
Authorities cited
Legislation (3)
- Civil Procedure Act
- Environment and Land Court Act 2015
- Constitution of Kenya 2010
Cases cited (2)
- Philip Keipto Chemwolo and another –versus Augustine Kubende (1986) eKLR
- Ogada versus Mollin (2009) KLR 620
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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