ABC Capital Limited v Peter Musau Nzioka [2018] KEHC 6294 (KLR)
- Court
- High Court
- Case number
- 6294
- Citation
- [2018] KEHC 6294 (KLR)
- Decided
- 4 May 2018
- Judge
- JK Sergon
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a default judgmentCoramJK Sergon
Holding
The learned magistrate's finding that the service upon the appellant and its agent was proper was upheld
Facts
The respondent filed an action against the appellant for ksh.365,000 for the true market value of 8545 shares Barclays Bank of Kenya plus general damages for loss of income and costs. The respondent filed a request for entry of judgment on 9th July 2010, which was granted on 13th July 2010. Accompanying the request for judgment is the affidavit of service of Samuel N. Gitahi sworn on 9th July 2010.
Issues
- Whether proper service was effected upon the appellant
- Whether the learned magistrate erred in law and fact in finding that the service upon the appellant and or its agent was proper
Reasoning
The court found that the service was proper as evidenced by the appellant's stamp on the summons retained by the process server.
Outcome
Appeal dismissed
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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