ROSELINE AKINYI ONYUKA V COMMISSIONER OF LANDS [2012] KEHC 3106 (KLR)
- Court
- High Court of Kenya
- Case number
- 3106
- Citation
- [2012] KEHC 3106 (KLR)
- Decided
- 13 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous orderCoramH. K. CHEMITEI
Holding
The court reissues the summons to enter appearance for the Plaintiff
Facts
The Plaintiff filed a plaint on 29th April 2009 and summons to enter appearance were issued on 5th May 2009. The summons were served on the 1st defendant who entered appearance and filed his defence on 19th June 2009. The 2nd defendant has not been served.
Issues
- Whether the court should reissue summons to enter appearance for the Plaintiff
- Whether the Plaintiff's late appearance is justified
Reasoning
The court found that the 2nd defendant has not been served and the Plaintiff's late appearance is not justified due to the long period between the issuance and service of the summons.
Outcome
The court reissues the summons to enter appearance for the Plaintiff
Orders
- Reissues summons to enter appearance for the Plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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