Jonathan Kaposhi v Colleta Mbatha Maweu & 4 others [2021] KEELC 3736 (KLR)
- Court
- Environment & Land Court
- Case number
- 3736
- Citation
- [2021] KEELC 3736 (KLR)
- Decided
- 8 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff seeks extension of validity of summons to enter appearance to enable service on 5th DefendantCoramDulu
Holding
The Court allows the extension of the validity of the summons for twelve (12) months
Facts
The Plaintiff filed a suit on 17th December, 2014, and issued summons to enter appearance on the same day. The 5th Defendant failed to enter appearance or file a defence within the stipulated period. The Plaintiff requested interlocutory judgment but was directed to serve the 5th Defendant again.
Issues
- whether the validity of the summons to enter appearance should be extended to enable service on the 5th Defendant
Reasoning
The Court considers the Plaintiff's explanation for the delay in serving the summons and the provisions of the Civil Procedure Rules and Civil Procedure Act. The Court finds that the Plaintiff has established a case requiring the extension of the summons.
Outcome
The application is allowed
Orders
- extension of the validity of the summons to enter appearance for twelve (12) months
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Civil Procedure Act
Cases cited (1)
- Trident Insurance Co. Ltd V Underwriting Services & Insurance Brokers Ltd (2017) eKLR
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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