Chamber summons

REPUBLIC OF KENYA

IN THE RESIDENT MAGISTRATE'S COURT AT MILIMANI

CIVIL SUIT NO.xxx OF 1998

MMMMM KENYA LIMITED.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. PLAINTIFF

VERSUS

MMMMM INVESTMENTS  LIMITED.. .. .. .. .. .. .. .. ... .. .. .. DEFENDANT

CHAMBER SUMMONS

(Under Order XXI Rules 36 and 91 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law.) 

LET ALL PARTIES CONCERNED attend the learned Judge on the ……………. day of……….. 2002 at 9.00 O'clock in the forenoon or soon thereafter so as counsel for the Plaintiff may be heard on an application FOR ORDERS:

1                   THAT the Directors of the Defendant Company, namely, Messrs. John Gatu Kiruhi and Jacinta Wathira Gatu, be orally examined on oath as to the properties of the Defendant Company or other means of satisfying the Decree and all books of accounts be produced in this court.

2                    THAT in default of the Directors of the Defendant Company complying with the above Order, an Order for committal to civil jail be made against them personally or such further orders as this Honourable court may deem fit.

3                    THAT the costs of this Application be in the cause.

WHICH APPLICATION is founded on the grounds THAT: -

1                    It is impracticable to attach any of the property of the Defendant Company, as the same cannot be traced for the purpose.

2                    There is no other way open to the Plaintiff to realise the fruits of its lawfully acquired judgment.

AND WHICH APPLICATION is supported by the annexed affidavit sworn

by EEEEE and any such further grounds to be adduced at the hearing hereof.

DATED at Nairobi this ……………..day of …………………………….2002.  

XXX  & COMPANY

ADVOCATES FOR THE PLAINTIFF

DRAWN & FILED BY:

Xxx & Company

Advocates,

LLLLLLr ,

Arboretum ,

P.O. BOX xxx,

NAIROBI.

TO BE SERVED UPON:-

xxxx& Company

Advocates

Gibcon , 3^rd Floor

P.O. Box xxxx

NAIROBI.

Note: "If any party served does not appear at the time and place above mentioned such order will be made and proceedings taken as the court may think just and expedient."