Summons

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

(MILIMANI COMMERCIAL COURTS)

CIVIL CASE NO.                  OF 2002 (O.S.)

IN THE MATTER OF DELIVERY OF POSSESSION OF

L.R. NO. /583 –    

BETWEEN

XXXX      BANK ...…PLAINTIFF/APPLICANT

AND

CAPTAIN M    …………... DEFENDANT/RESPONDENT

ORIGINATING SUMMONS

(Under  Order XXXVI, Rule 3A and Rule 7 of the Civil Procedure Rules Section 3A of the Civil Procedure Act and all other enabling provisions of the law)

LET CAPTAIN M     of P. O. Box XXXXX Nairobi, the Defendants/Respondent herein within                   days after service of this Summons upon him inclusive of the day of such service, cause an appearance to be entered for him to this Summons which is issued upon the application of PTA Bank of P. O. Box XXXX for ORDERS:-

1.         That the Plaintiff/Applicant  is entitled to vacant possession of L.R. NoXXXXX, Airport North Road, Nairobi to facilitate the exercise of its Statutory Power of Sale.

2.                  That the Defendant/Respondent by himself, tenants/servants and/or agents or any other occupants do forthwith deliver and give vacant possession of L.R. No. XXXX Airport North Road, Nairobi to the Plaintiff/Applicant and/or the appointed agent.

3.                  That the Defendant/Respondent, his servants, agents of any other occupants be forcefully evicted from the subject premises should they fail to deliver vacant possession within fourteen (14) days from the date of the Order of this Honourable Court.

4.                  The Defendant/Respondent do bear the costs of this application.

ON THE GROUNDS:-

1.                  THAT the subject property is registered in the name of African Airlines International which is currently under Receivership pursuant to the terms of a Debenture dated 7^th July, 1998 and a Charge dated 7^th July, 1998.

2.                  THAT the Plaintiff/Applicant is desirous of disposing the property by private treaty to recover the outstanding debt in the account of African Airlines International (In Receivership) and therefore urgently requires the property delivered up to it in vacant possession.

3.                  THAT the Plaintiff/Applicant has already identified a buyer by private treaty of the charged property who insists on buying the property only in vacant possession. 

4.                  THAT the property is currently occupied by the Respondent together with other illegal tenants associated with him who are purporting to carry business on the said property.

5.                  THAT all efforts to convince the Respondent and other tenants associated with him to vacate the premises have been met with utter stubbornness and threats of civil action against the applicant and the Receiver.

6.                  THAT no sale can be successfully finalised with any prospective purchaser as long as there is no free and unlimited access for the inspection of the property neither a guaranteed right of immediate occupation upon purchase.

7.                  THAT the Company has previously filed HCCC No. XXXX of 1999 seeking to stop the sale of the subject property and all the numerous applications filed under the said suit have since been dismissed with costs by this honourable Court.

8.                  THAT the outstanding debt in the account of African Airlines International (In Receivership) in the sum of US$ 3,313,773.98 is quite substantial and the Plaintiff/Applicant will suffer great prejudice if its Statutory Power of Sale is not exercised immediately.

WHICH APPLICATION is based on the annexed Affidavits of           and           on such other or further grounds and reasons as may be adduced at the hearing hereof.

DATED at Nairobi this                                      day of                                    2002.

THIS SUMMONS was taken out by Salim Dhanji and Company, Advocates for the above named Applicant.

DEPUTY REGISTRAR

HIGH  COURT OF KENYA (MILIMANI)

The Respondent may appear thereto by entering appearance either personally or by Advocate at the High Court of Kenya, Court or Registry in which this Summons is filed.

NOTE:           If the Respondent does not enter appearance within the time and place above mentioned, such Order will be made and proceedings taken as the Court may think just and expedient.

DRAWN AND FILED BY:-

XXXX  Company

Advocates

Ddd

Arboretum                              (Our Ref:    

P. O. Box XXXX

Nairobi