JOYCE KAGECHI GICHUIYA v ELISEVA PROTASIO NJAGI & 2 others [2012] KEHC 3897 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

CIVIL APPEAL 56 OF 2008

JOYCE KAGECHI GICHUIYA..........................................................PLAINTIFF

VERSUS

ELISEVA PROTASIO NJAGI...............................................1ST DEFENDANT

BERNARD NDWIGA NJAGI...............................................2ND DEFENDANT

JOHN NJUE NJAGI.............................................................3RD DEFENDANT

D I R E C T I O N S

I have studied the file. It’s clear the Defendants have been served but there is no entry of appearance nor filing of defence. I have had the opportunity of reading through the affidavit of service sworn on 4/8/2011. Paragraph 3 explains how the 2nd Defendant’s wife told the Deponent of the whereabouts of the 2nd Defendant. What happened next is explained in the following paragraphs. Paragraph 7 and 8 explains it well. I find that the Deputy Registrar had no good reason for rejecting it.

Being a land matter I direct that it be listed for hearing.

DATED, SIGNED AND DELIVERED AT EMBU THIS 26TH DAY OF JUNE 2012.

H.I. ONG’UDI

JUDGE

In the presence of;

Mr. Njage for Plaintiff

Njue – C/c