chamber summons

REPUBLIC OF KENYA

IN THE PRINCIPAL MAGISTRATES COURT AT NAIROBI

CIVIL CASE NUMBER EJ. XXX OF 1999

CLEARING &FORWARDING COMPANY                         LIMITED………………..PLAINTIFF

VERSUS

YYYYYY…….………………..1^ST DEFENDANT

 SAFARIS LTD………………………….2^ND DEFENDANT

PPPPP……………………3^RD DEFENDANT

CHAMBER SUMMONS

(EX-PARTE)

 LET ALL PARTIES concerned attend before the Honourable Magistrate in chambers on the       day of                    2001 at 9.00 O'clock in the forenoon or soon thereafter so as counsel for the 2^nd Defendant/Applicant may be heard on an Application for ORDERS:-

1.                  THAT the 2^nd Defendant/Applicant be granted leave to issue and serve a Third Party Notice upon  & Company (K) Limited as per the annexed draft Third Party Notice marked “A”.

2.                  THAT the costs of this application be provided for.

WHICH APPLICATION is based on the following grounds: -

a)                 That the 2^nd Defendant will seek indemnity and/or contribution from the proposed third party for any liability that may be found accruing from the 2^nd Defendant to the Plaintiff.

b)               That it is in the interests of justice that the proposed third party be joined to facilitate the determination of the issue of liability.

AND WHICH APPLICATION is further grounded on the annexed Affidavit of XXXX and such other or further grounds as may be adduced at the hearing hereof.

DATED at NAIROBI this                     day of                    2001.

xxxxxxxx & COMPANY

ADVOCATES FOR THE 2^ND DEFENDANT

DRAWN & FILED BY:-

xxxxxxxxxxx & Company

Advocates

XXXXetum

P.O.  Box XXXXX

NAIROBI                   

TO BE SERVED UPON:-

1.       B. & Company

Advocates

10^th Floor, Harambee Avenue

Haile Selassie Avenue

P.O Box  XXXXX

NAIROBI

2.           CCCCCCC

P.O Box XXXXX

NAIROBI

3.           CCCCCCC

P.O Box  XXXX

“If any party does not appear at the time and place abovementioned, such order will be made and proceedings taken as the Court may deem just and expedient"