J.A.A v P.C.P [2011] KEHC 1081 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA

AT KISUMU

DIVORCE CAUSE NO. 22 OF 2009

J.A.A……………………………..PETITIONER

VERSUS

P.C.P…………………………….RESPONDENT

R U L I N G

I have perused the pleadings herein. I have also seen the affidavit of means by the petitioner dated 4-6-2010. The date of 12-10-2011was taken ex-parte at the registry.

The affidavit of service dated 11-10-2011 was served upon the respondent/defendant on 27-9-2011. By the said date the respondent had approached M/S Olel, Onyango, Ingutia & Co. Advocates as his advocates. The notice of appointment is dated 11-6-2010.

For the above reason, I rule that no proper service was effected. The plaintiff to take date at registry and effect proper service upon the defendant advocate’s directly.

Cost in the cause.

Dated, signed and delivered at Kisumu this 26th day of October, 2011.

H. K. CHEMITEI

JUDGE

HKC/va