EVA WANGUI MURUA
V.
KIGERUA MOTORS, JOHN GATHU MUKURIA & 2ORS

RULING OF NAMBUYE JA

Before me is a Notice of Motion dated the 30^th day of October, 2014 and lodged in this Court's registry on the 29^th day of November 2014. It is expressed to be brought under Rule 17 of the Rules of this Court, Order 5 Rule 17 and Order 50 Rule 1 of the Civil Procedure Rules. It substantively seeks an order of this Court to grant leave to the applicant to serve a hearing notice upon the 1^st and 2^nd respondents by way of substituted service by advertising in a newspaper;

The application is grounded on the grounds on its body and the content of the applicant's supporting affidavit. It has been opposed by replying affidavits of John Muthee Ngunjiri on behalf of Tango Auctioneers, the 3^rd respondent deposed and filed on the 30^th day of March 2015, grounds of opposition and a replying affidavit of Yunis Malik the 4^th respondent both dated, deposed and filed on the 10^th day of March 2015.

On the date of the hearing of the application, Mr. Gatonye holding brief for Mr. Karan…