Summons and affidavit

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO. @@@@  OF 1998

SAMUEL **** ..     ..       ..       ..       ..       ..       PLAINTIFF

-V E R S U S-

@@@@ KENYA LIMITED ..    ..       ..       ..       ..       ..       ..    DEFENDANT

CHAMBER SUMMONS

(Under Section 3A of the Civil Procedure Act and all other enabling provisions of the law)

LET ALL PARTIES CONCERNED  attend the Judge in chambers on the                           day of                          2000 at                   O’clock in the forenoon or so soon thereafter, for the hearing of an application by the Counsel for the Plaintiff FOR ORDERS :-

1.                  THAT the suit herein be transferred to the High Court at Milimani for hearing and final determination.

2.                  THAT the costs of this application be costs in the cause.

WHICH APPLICATION is based on the grounds that :-

a)                 The matter in dispute herein is a commercial matter within the definition set out in the Circular issued by the Honourable the Chief Justice on 18^th November 1997.

b)                 As such, this suit should be transferred to the Milimani Commercial Courts for hearing and final determination.

AND WHICH APPLICATION  is based on the annexed Affidavit of **** and on such other grounds and reason as may be adduced at the hearing hereof.

DATED at Nairobi this                               day of                                        2000

JUNGU ATTORNEYS

ADVOCATES FOR THE DEFENDANT/APPLICANT

DRAWN AND FILED BY:

DRAWN BY;

JUNGU ATTORNEYS

P.O.Box 00000

DAR ES SALAAM TANZANIA.

TO BE SERVED UPON

ddddd

Nairobi

“ 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.”

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO. @@@@  OF 1998

SAMUEL **** ..     ..       ..       ..       ..       ..       PLAINTIFF

-V E R S U S-

@@@@ KENYA LIMITED ..    ..       ..       ..       ..       ..       ..    DEFENDANT

AFFIDAVIT

I, **** of Post Office Box Number 30364 Nairobi do make oath and state as follows:

1.                  THAT I am the Defendant’s Claims and Property Manager and I have been duly authorised to make this affidavit on the Defendant’s behalf.

2.                  THAT I am fully conversant with the facts relating to this matter and therefore competent to make this affidavit.

3.                  THAT I aver that the suit herein arose out of an alleged breach of contract and other wrongs allegedly committed by the Defendant in relation to a Charge made by the Plaintiff in favour of the Defendant.

4.                  THAT I am advised by the Defendant’s Advocates herein, Messrs **** and Company, which advice I verily believe to be true that the matter in dispute herein is a commercial matter within the definition given in the Circular issued by the Honourable the Chief Justice on 18^th November 1997.

5.                  THAT in the circumstances, this suit ought to be transferred to the High Court at Milimani for hearing and final determination.

6.            THAT I swear this Affidavit in support of the Application to transfer this suit to the High Court at Milimani.

7.                THAT what is deponed to hereinabove is true to the best of my knowledge, save as to matters deponed to on information, sources whereof have been disclosed and matters deponed to on belief, the grounds whereupon have been stated.

SWORN by the said ****    )

At Nairobi this                              day of    )

2000                                                              )

                                                                       )

BEFORE ME                                                   )

                                                                       )

                                                                       )

COMMISSIONER FOR OATHS                    )

   

DRAWN AND FILED BY:

DRAWN BY;

JUNGU ATTORNEYS

P.O.Box 00000

DAR ES SALAAM TANZANIA.

TO BE SERVED UPON

dddddd

Nairobi