Automated Summary
Key Facts
The plaintiff seeks to enforce a Dubai court judgment against the defendants (legal representatives of the Estate of Suresh Rewachand Lakhiani) by attaching and auctioning shares in Global Apparels Kenya (EPZ) Limited. The court granted leave to serve summons and court processes on the defendants out of Kenya's jurisdiction in Dubai, UAE, via international courier and email within 21 days. The case involves 250,000 ordinary shares and 750,000 preference shares registered in the estate's name.
Deceased Name
Suresh Rewachand Lakhiani
Issues
The primary issue addressed was the plaintiff's application for leave to serve summons and court processes on foreign defendants in Dubai, UAE. The court evaluated whether proper service under Order 5 Rule 25 was justified, considering the defendants' lack of presence in Kenya and the need to enforce a Dubai judgment against shares in a Kenyan company. The ruling confirmed that jurisdiction can only be assumed after valid service of summons, emphasizing procedural compliance for foreign service.
Holdings
- Service of summons must be conducted via an internationally recognized courier service to the defendants' last known physical address, in accordance with Order 5 Rule 22A of the Civil Procedure Rules.
- Leave was granted to the plaintiff to serve Summons to Enter Appearance and other court process on the defendants outside Kenya in Dubai, UAE. The court determined that the plaintiff has a good cause of action and sufficiently demonstrated the defendants' location, as well as the Kenyan company's involvement in the suit.
- Soft copies of the summons and related documents must also be served via email following the procedures outlined in Order 5 Rule 22B of the Civil Procedure Rules.
Remedies
- The court mandated that the service of the Summons to Enter Appearance and other process be effectively carried out within 21 days from the date of the ruling, March 14, 2022.
- The court ordered that the Summons to Enter Appearance and other process, including the Plaint and the Notice of Motion, be sent to the defendants' last known physical address by an internationally registered and recognized courier service provider pursuant to Order 5 Rule 22A of the Civil Procedure Rules.
- The court granted the plaintiff leave to serve the Summons to Enter Appearance, along with the Plaint and the Notice of Motion, on the defendants located in Dubai, United Arab Emirates, outside the jurisdiction of Kenya.
- The court permitted the service of soft copies of the Summons to Enter Appearance, Plaint, and related documents via email to the defendants in Dubai, as stipulated in Order 5 Rule 22B of the Civil Procedure Rules.
Legal Principles
The court emphasized that jurisdiction over foreign defendants can only be assumed after granting leave to serve summons outside Kenya and ensuring proper service. This aligns with the principles outlined in Order 5 Rule 25 of the Civil Procedure Rules, which require the plaintiff to demonstrate a good cause of action, the defendants' location, and the necessity of service abroad. The ruling references cases like Law Society of Kenya vs Martin Day and Misnak International (UK) Limited v 4MB Mining Limited to reinforce that mere awareness of a suit is insufficient; formal service via recognized courier or email (as per Rules 22A/22B) is mandatory to invoke court jurisdiction.
Precedent Name
- Misnak International (UK) Limited v 4MB Mining Limited C/O Ministry of Mining, Juba Republic of South Sudan & 3 others
- Law Society of Kenya vs Martin Day & 3 Others
Executor Name
- Harish Suresh Lakhiani
- Maya Suresh Lakhiani
- Mamta Suresh Lakhiani
- Hitesh Suresh Lakhiani
Cited Statute
Civil Procedure Rules
Executor Appointment
Sued as legal representatives of the Estate of Suresh Rewachand Lakhiani (Deceased)
Judge Name
Olga Sewe
Passage Text
- It is not sufficient for a plaintiff to institute suit against a party. That party must be invited to submit to the authority of the court in order for the legal process of setting down the suit for trial to commence. The circumstances of this case are such that Summons must be served in the manner provided for in the rules to enable the defendants who have no registered office or business in Kenya to submit to the jurisdiction of this court. It therefore follows that their knowledge of the existence of the suit is not sufficient enough to proceed against them. They may be aware of the suit but unless they are prompted by the summons in the manner provided for in the rules, the jurisdiction of this court is not invoked.
- The High Court assumes jurisdiction over persons outside Kenya by giving leave, on application by a plaintiff to serve summons or notice of summons, as the case may be, outside the country.... after such summons are served in accordance with the machinery stipulated therein.
- Every application for leave to serve such summons or notice on a defendant out of Kenya shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and whether such defendant is a Commonwealth citizen or a British protected person or not, and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the court that the case is a proper one for service out of Kenya under this Order.
Beneficiary Classes
Other