John Ochieng v Geoffrey O. Nyangi [2014] KEHC 807 (KLR)
- Court
- High Court of Kenya
- Case number
- 807
- Citation
- [2014] KEHC 807 (KLR)
- Decided
- 17 November 2014
The interlocutory judgment and final judgment are set aside, and the plaintiff suit has abated for want of unserved summons.
Facts
The plaintiff filed a suit for damages due to a road traffic accident on 19-12-2001. Summonses were issued on the same day, but the plaintiff was unable to serve the defendant. The plaintiff made an application to advertise the summons on 11-7-2005, but did not seek an extension. Interlocutory judgment was entered on 7-2-2006, and final judgment was delivered on 26-6-2006.
Issues
- Whether there were valid summons to be served after the expiry of the original summons issued on 19-12-2001.
- Whether there was any suit existing then or the same had died.
Reasoning
The summons expired on 19-12-2002, and the plaintiff did not apply for an extension. The advertisement in the newspaper was inconsequential as there were no valid summons. The court finds that the summons is an integral part of the plaint and without it, there is no suit.
Outcome
The application is granted.
Orders
- The interlocutory judgment against the defendant dated 7-2-2006 and the final judgment issued on 26-6-2006 are hereby reviewed and set aside.
- The plaintiff suit herein has abated for want of unserved summons.
Remedies
- Each party shall bear their own costs.
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