09.07.2015 Views

the civil procedure act - Kenya Law Reports

the civil procedure act - Kenya Law Reports

the civil procedure act - Kenya Law Reports

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Rev. 2010] Civil Procedure CAP. 21 79address of <strong>the</strong> corporation; or[Subsidiary]<strong>the</strong> corporation, by leaving it at <strong>the</strong> place where <strong>the</strong> corporationcarries on business; or(iv) by sending it by registered post to <strong>the</strong> last known postal addressof <strong>the</strong> corporation.4. (1) One or more concurrent summonses may, at <strong>the</strong> request of <strong>the</strong>plaintiff, be issued at <strong>the</strong> time when <strong>the</strong> original summons is issued or at anytime <strong>the</strong>reafter before <strong>the</strong> original summons ceases to be valid.[Order 5, rule 4.]Concurrentsummons.(2) A concurrent summons shall be valid only from <strong>the</strong> date of its ownissue and shall remain valid so long as <strong>the</strong> original summons remains in force.5. (1) Where <strong>the</strong> court has issued summons to a defendant, <strong>the</strong> summonsmay be delivered for service—(a) to any person for <strong>the</strong> time being duly authorized by <strong>the</strong> court;[Order 5, rule 5.]Delivery ortransmission ofsummons for service.(b) to an advocate, or advocate’s clerk approved by <strong>the</strong> court;(c) to any subordinate court having jurisdiction in <strong>the</strong> place where <strong>the</strong>defendant resides;(dappointed under <strong>the</strong> Administration Police Act; orCap 84.Cap 85.(e) to a licensed courier service provider approved by <strong>the</strong> court.(2) A court to which a summons is sent under subrule (1) (c) shall uponreceipt <strong>the</strong>reof proceed as if it had been issued by such court, and shall <strong>the</strong>nreturn <strong>the</strong> summons to <strong>the</strong> court of issue, toge<strong>the</strong>r with <strong>the</strong> record of any of itsproceedings with regard <strong>the</strong>reto.(3) No objection maybe made to <strong>the</strong> service of a summons on <strong>the</strong> groundsthat <strong>the</strong> person who served <strong>the</strong> summons ei<strong>the</strong>r was not authorized so to do orthat he exceeded or failed to comply with his authority in any way.6. Service of <strong>the</strong> summons shall be made by delivering or tenderingbehalf, and sealed with <strong>the</strong> seal of <strong>the</strong> court.(Order 5, rule 6.]Mode of service.7. Save as o<strong>the</strong>rwise prescribed, where <strong>the</strong>re are more defendants thanone, service of <strong>the</strong> summons shall be made on each defendant.8. (1) Wherever it is pr<strong>act</strong>icable, service shall be made on <strong>the</strong> defendantin person, unless he has an agent empowered to accept service, in which case[Order 5, rule 7.]Service on severaldefendants.[Order 5, rule 8.]Service to be ondefendant in person

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!