<p class="ql-align-center">RULING OF NAMBUYE JA</p><p class="ql-align-justify">Before me is a Notice of Motion dated the 30^th day of October, 2014 and lodged in this Court&#x27;s registry on the 29^th day of November 2014. It is expressed to be brought under Rule 17 of the Rules of this Court, Order 5 Rule 17 and Order 50 Rule 1 of the Civil Procedure Rules. It substantively seeks an order of this Court to grant leave to the applicant to serve a hearing notice upon the 1^st and 2^nd respondents by way of substituted service by advertising in a newspaper;</p><p class="ql-align-justify">The application is grounded on the grounds on its body and the content of the applicant&#x27;s supporting affidavit. It has been opposed by replying affidavits of John Muthee Ngunjiri on behalf of Tango Auctioneers, the 3^rd respondent deposed and filed on the 30^th day of March 2015, grounds of opposition and a replying affidavit of Yunis Malik the 4^th respondent both dated, deposed and filed on the 10^th day of March 2015.</p><p class="ql-align-justify">On the date of the hearing of the application, Mr. Gatonye holding brief for Mr. Karan…</p>