WILSON MWONGA NGOKA V. ANNE NDINDA NGOKA

JUDGMENT OF THE COURT

Before us is an appeal against the ruling of Ojwang, Ag.J. (as he was then) delivered on 4th June, 2004 . What gave rise to that ruling was an application by way of chamber summons in which the appellant (as the applicant in the superior court) sought the following orders:-

“1. THAT the application be heard EX PARTE in the first instance.

2. THAT the Court be pleased to certify this application urgent and that it can be heard during the vacation.

3. THAT the court be pleased to ORDER that the chamber Summons (sic) filed on 30.12. 2003 be heard during the vacation due to its urgency.”

That application was brought on the following grounds:-

“1. THAT even though the court is on vacation the respondent plaintiff should not be allowed to avoid service.

2. THAT service on the plain tiff can be done anytime even if the court is in vacation.

3. THAT the plaintiff’s attempt to avoid service is malicious, an abuse of the court process and the court cannot be taken for a ride an…