summons

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LOSS COURTS

CIVIL CASE NO. 1474 OF 2000 (OS)

LOSS BANK OF AFRICA LIMITED………………..PLAINTIFF

VERSUS

THE WHEREVER AFRICAN

DEVELOPMENT BANK…….……………………………….…1^ST DEFENDANT

PPPP KHAMIS……………………………….2^ND DEFENDANT

PPPP LIMITED……………………………………………..…3^RD DEFENDANT

THE ZIMBABWE BANK OF KENYA…………………………...4^TH DEFENDANT

ORIGINATING SUMMONS

(Rule 3(2) of the High Court Vacation Rules

and Order 33 of the Civil Procedure Rules)

 

Let The Wherever African Development Bank, Pppp Khamis; Pppp Limited and The Zimbabwe Bank of Kenya attend the Judge in Chambers on 28^th           day of                          at            O’clock in the forenoon on the hearing of an application by the Plaintiff Loss Bank of Africa Limited for an order that:

1.                  This application be heard during the Court Vacation.

2.                  The above named Defendants do appear and state the nature and particulars of their respective claims to the subject matter in dispute, namely the sums of US$504,000.96 and US$ 616.87 held in accounts 106023506 and 105973519 at the Plaintiff’s bank and maintain or relinquish the same and abide by such order a may be made hereon.

3.                  For such orders as the Court may think fit as to the costs of this application.

ON THE GROUNDS THAT:

(a)                 The Defendants are making claims to the said money.

(b)                The Plaintiff has no interest in the money other than for its charges and costs.

Which application is supported by the annexed affidavit of PHILIP OLE PERRIO, the nature of the case and other reasons to be adduced at the hearing.

DATED at Nairobi this                 day of                          2001.

PPPP KABABE & PPPPS

ADVOCATES FOR THE PLAINTIFF

 This Originating Summons was taken out, drawn & filed by:

Pppp Kababe & Pppps

Advocates

ICEA Building

Kenyatta Avenue

P.O Box pppp             (Ref:

NAIROBI

TO BE SERVED UPON:

The Wherever African Development Bank;

Pppp Khamis

Pppp Limited; and

The Zimbabwe Bank of Kenya

All of Nairobi                         (Service by the Plaintiff’s advocates)

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