Alec Asutsa v Sammy Maina Ndei [2014] KEHC 7994 (KLR)
- Court
- High Court of Kenya
- Case number
- 7994
- Citation
- [2014] KEHC 7994 (KLR)
- Decided
- 30 May 2014
The Defendant was duly served with summons to enter appearance and copy of the plaint by way of registered post at his last known address with leave of the Court. The interlocutory judgment entered on 5th May, 2008 was thus regular and proper.
Facts
The Plaintiff sued the Defendant for damages on account of personal injuries received in a road accident. The Defendant was served with summons to enter appearance by registered post, but the Plaintiff applied for leave to serve the summons after the Defendant failed to be served personally.
Issues
- Service of summons
- Defence to the claim
Reasoning
The Court held that the Defendant was served with the summons by registered post, and the Plaintiff had obtained leave to serve the summons after the Defendant failed to be served personally. The Defendant's draft statement of defence was found to be a mere denial and did not raise any triable issues.
Outcome
Application dismissed with costs to the Plaintiff
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