OMAR SAID MWATAYARI v BHARATKUMAR & ANOTHER [2007] KEHC 1680 (KLR)
- Court
- High Court of Kenya
- Case number
- 1680
- Citation
- [2007] KEHC 1680 (KLR)
- Decided
- 30 March 2007
The summons to enter appearance was properly served by substituted service by way of advertisement, and the defendants neglected to enter appearance. The exparte judgment was properly entered, and the summons dated 3rd May 2006 is dismissed for lacking in merit with costs to the plaintiff.
Facts
The 2nd defendant, Vipinkumar Nathalal Shah, applied for an order setting aside judgment and for leave to defend the suit. He alleged that he was not personally served with the summons to enter appearance and that the suit against the 1st defendant was null and void due to the 1st defendant's death.
Issues
- Whether the 2nd defendant was properly served with the summons
- Whether the suit against the 1st defendant was null and void due to the 1st defendant's death
Reasoning
The court rejected the defendants' submission that the Kenya Times Newspaper is not widely read, finding that the size of the advertisement was big enough and that the defendants were properly served. The court also found that the defendants neglected to enter appearance.
Outcome
Dismissal of the summons dated 3rd May 2006
Orders
- Dismissal of the summons dated 3rd May 2006
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