Chamber summons

REPUBLIC OF KENYA

IN THE RESIDENT MAGISTRATE’S COURT AT NAROKO

(MILIMANI COMMERCIAL COURTS)

CIVIL SUIT NO xxxx OF 1994

KULGRAPHICSLIMITED …………..………PLAINTIFF

      -VERSUS-

ROOT INDUSTRIES LIMITED …….………DEFENDANT

CHAMBER SUMMONS

(Under Order XX Rule 11 of the Civil Procedure Rules and the inherent jurisdiction of this court)

LET ALL PARTIES concerned attend the learned magistrate in chambers on the               day of       1999 at 9.00 O'clock in the forenoon or so soon thereafter for the hearing of an application by counsel for the Defendant for the following orders THAT:-

1.                This application be heard ex parte in the first instance in view of its urgency.

2.                There be stay of execution of the decree issued pursuant to the judgement entered herein on 16^th December 1998.

3.                The defendant be allowed to liquidate the amount due from it to the Plaintiff pursuant to the judgement entered herein on 16^th December 1998 by way of monthly instalments of K Shs 30,000.00 each.

4.                The costs of this Application be provided for.

WHICH APPLICATION is based on the grounds THAT: -

(a)             The defendant is not in a position to settle the entire decretal amount at once owing to the current adverse economic climate.

(b)            It is therefore fair and just in the circumstances that it be allowed to liquidate the said amount in the manner aforesaid.

AND WHICH APPLICATION is further supported by the annexed affidavit of C S ROOT.

DATED at Naroko this           day of             1998.

CULTURE AND COMPANY

ADVOCATES FOR THE DEFENDANT

DRAWN AND FILED BY:-

JUNGU ATTORNEYS

P.O.Box 00000

DAR ES SALAAM TANZANIA.

TO BE SERVED UPON:-

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