Titus Waithaka Gathungu & another v Beth Mugure Gathungu & 3 others [2014] KEHC 2167 (KLR)
- Court
- High Court of Kenya
- Case number
- 2167
- Citation
- [2014] KEHC 2167 (KLR)
- Decided
- 24 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for substituted service of a court orderCoramW. MUSYOKA
Holding
The application for substituted service is allowed, and the applicants shall have the costs of the application.
Facts
The applicants sought to serve a court order on Mr. Jeremy Awori, the Managing Director of Barclays Bank of Kenya Ltd, due to his refusal to accept service. The order was made on February 17, 2012, requiring the bank to provide statements for bank accounts in the name of the late Wilson Gathungu Macharia.
Issues
- Whether the applicants can obtain substituted service of the court order on Mr. Jeremy Awori
- Whether the Necessary Party (Barclays Bank) has complied with the court order
Reasoning
The court found that personal service was not possible due to the bank's refusal, and substituted service through the Managing Director is allowed to ensure the end of justice.
Outcome
Allow the application for substituted service
Orders
- The order of the court made on February 17, 2012, is to be served through the Managing Director of Barclays Bank of Kenya Ltd
Remedies
- The applicants shall have the costs of the application
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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