BAHRIYA PETROLEUM LTD. vs - 1. GULF OIL COMPANY 2. GIRO BANK LTD. [2004] KEHC 2370 (KLR)
- Court
- High Court of Kenya
- Case number
- 2370
- Citation
- [2004] KEHC 2370 (KLR)
- Decided
- 15 January 2004
The court sets aside the order for leave to serve out of jurisdiction and the ex parte judgment entered against the Applicant.
Facts
Gulf Oil Company Ltd. sought to set aside the order allowing the plaintiff to serve the summons to enter appearance in the case out of jurisdiction by substituted service. The plaintiff had applied for leave to serve the company by registered post out of jurisdiction.
Issues
- Whether the first defendant was served with the summons to enter appearance.
- Whether the purported service was irregular and contrary to the mandatory provisions of Order 5 with regard to service out of jurisdiction.
Reasoning
The court finds that the service of the summons to enter appearance was not proper and that the mode of service adopted was irregular and contrary to the provisions of Order 5 of the Civil Procedure rules with regard to service out of jurisdiction.
Outcome
The court sets aside the ex-parte judgment entered herein against the Applicant and grants the Applicant unconditional leave to defend this suit.
Orders
- The Applicant shall file its defence within 15 days of the date hereof.
- The Applicant shall have the costs of the application to be paid by the plaintiff.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Remco Ltd. Vs Mistry Javda Parbat & Co. Ltd. & others [2002] 1 E.A. 233
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