GENERAL TYRE SALEP LTD vs GAREX (K) LTD [2002] KEHC 1064 (KLR)
- Court
- High Court of Kenya
- Case number
- 1064
- Citation
- [2002] KEHC 1064 (KLR)
AI Summary
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TypeCivil SuitPostureApplication to set aside orders made on 4.9.2001 in this suit ordering the directors to personally satisfy the debt and pay costs of this caseCoramJ. KHAMINWA, Mr. Kinyua, Mr. Kinyanjui
Holding
The application is granted, and the court order made on 4.9.2001 is set aside. The plaintiff is granted leave to defend the application dated 17.11.2001. The costs of the application shall be paid by the respondent.
Facts
The plaintiff, General Tyre Salep Ltd, sought to set aside orders made on 4.9.2001 in the suit ordering the directors to personally satisfy the debt and pay costs. The plaintiff claimed she was not in Kenya on 7.8.2001 and could not have read the Kenya Times on that day.
Issues
- Validity of substituted service by advertisement
- Liability of directors for the judgment debt
Reasoning
The court found that the applicant was not in a position to read the notice of service in the Kenya Times on 7.8.2001, and the substituted service by advertisement was misleading and oppressive.
Outcome
Application granted
Orders
- Order to set aside the court order made on 4.9.2001
- Leave to defend the application dated 17.11.2001
Remedies
- Costs to be paid by the respondent
Authorities cited
Legislation (1)
- Civil Procedure Order 21 Rule 36
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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