Carol Construction Engineers Ltd v Naomi Chepkorir Langat [2019] KEELC 2731 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Mode of service where a proposed party cannot be traced
The court directed substituted service by newspaper advertisement, reasoning that the defendant could not be faulted for being unable to trace Ms. Moraa whose whereabouts are unknown.
The court noted that attempts at personal service by courier at Ms. Moraa's last known physical address in the UK had failed, and that it was unclear whether she was in Kenya, the UK or elsewhere. Since the suit land is located in Kenya, the court directed that the hearing notice be served by advertisement in the Daily Nation or Standard newspaper, then fixed the application for inter partes hearing.
Right to be heard before joinder of a party
The court affirmed that a proposed party must be heard before being added to a suit, which is why the joinder application had to be heard inter partes.
The judge declined to dispose of the joinder application without hearing the proposed parties, holding that service upon them was necessary. The plaintiff's complaint that the application was dilatory did not displace this requirement, though the court pressed for a hearing date so the application would not further delay the main suit.
Legal principles established
#- Before any party is added to a suit, that party needs to be heard on the application for joinder.
Court orders
#- 1.That service of the hearing notice upon Martha Moraa Mayieka be effected by way of advertisement either in the Daily Nation or Standard newspaper
- 2.That a hearing date be given for the application dated 15 September 2017 and service be effected as directed
- Jurisdiction invoked
- Environment and Land Court jurisdiction over the land parcel Njoro/Ngata Block 2/130 (statutory basis not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Carol Construction Engineers Ltd v Naomi Chepkorir Langat [2019] KEELC 2731 (KLR)", Case Analysis (2019). Originating Summons filed 13 November 2012 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2731/eng@2019-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.