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John Mwangi Nyaga v. Monica W. Wanderi

(2011) JELR 100835 (CA)

Court of Appeal  •  Civil Appeal 347 of 2005  •  2 Dec 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

Following the dismissal of his application dated 21st May 2002, by the High Court (Okwengu, J.), John Mwangi Nyaga, the appellant, filed this appeal, citing five grounds in his memorandum of appeal for doing so. Those grounds are that the appellant’s advocate was not served with Chamber Summons dated March 10th 1994, the learned Judge erred in law when she held that the appellant was served by substituted service when O.3 rule 9 of the Civil Procedure Rules had not been complied with, she erred in holding that the appellant was properly served by substituted service in absence of evidence of attempted personal service as provided under O.5 rule 9(1) and 17 of the Civil Procedure Rules, she erred in law in not finding that the provisions of O.45 rule 10 and 102 were not complied with and that she failed to appreciate that its orders of 11th November, 1993, were not enforced.

This matter started before the Resident Magistrate Court, as a Succession matter. The appell…

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