Shah v Joshi & another [2025] KEHC 10372 (KLR) | Substituted Service | Esheria

Shah v Joshi & another [2025] KEHC 10372 (KLR)

Full Case Text

Shah v Joshi & another (Miscellaneous Civil Application E463 of 2025) [2025] KEHC 10372 (KLR) (Civ) (30 June 2025) (Ruling)

Neutral citation: [2025] KEHC 10372 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Miscellaneous Civil Application E463 of 2025

NW Sifuna, J

June 30, 2025

Between

Pallavi Vinechand Shah

Applicant

and

Hasmukh Amratlal Joshi

1st Respondent

Heema Hasmukh Joshi

2nd Respondent

Ruling

1. This ruling is on the Plaintiff’s Application for leave to serve the Defendants by substituted service. The hearing date of 15th July 2025 is hereby vacated. This being an Application for leave to serve this matter (Original Suit) by way of substituted service, the Application is hereby allowed.

2. This is In terms that the Plaintiff is hereby granted leave to serve the original suit pleadings and Summons (Summons to Enter Appearance) by substituted service by way of an advertisement in a prominent newspaper of national circulation within Kenya.

3. The advertisement be served within 14 days from today, and an Affidavit that service be filed with a copy of the advertisement annexed. There shall be a Mention on 22nd July 2025, to confirm compliance and for further orders.

DATED AND DELIVERED AT NAIROBI ON THIS 30TH DAY OF JUNE 2025. PROF (DR) NIXON SIFUNAJUDGE