REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT MACHAKOS
CIVIL SUIT NO. XXX OF 1999
PAUL MUTUKU
KITONYI………………………………….PLAINTIFF
VERSUS
SAFARIS LTD………………………………………..DEFENDANT
AND
XXXX
COMPANY
(K)
LIMITED………………………………………………….. THIRD PARTY
CHAMBER SUMMONS
(Under
Order 1 Rule 18 of the Civil Procedure Rules Section 3A of the Civil Procedure
Act and All Other Enabling Provisions of law)
LET
ALL PARTIES CONCERNED attend
before the Judge in chambers on the ..………… day of …………….., 2000 at 9.00 O’clock
in the forenoon or as soon thereafter as counsel may be heard on the hearing of
an application on the part of the Defendant in the above suit FOR ORDERS THAT :-
1) The Honourable Court be pleased to give
directions on the Third Party Notice issued herein.
2) The Third Party
notice dated 28th day of February, 2000 be taken as the Defendant’s
statement of claim against the Third Party.
3) The question of
liability between the Defendant against the Third Party be tried and determined
at the same time as the trial of this action or in such other manner as the
court may direct.
4) That the costs of
this application be provided for.
WHICH APPLICATION
is based on the ground that it is necessary for directions to be given to
facilitate the settling down of the suit for hearing and further grounded on
the affidavit of HHHH Advocate and
on such other or further grounds as may be adduced at the hearing hereof.
DATED
at Nairobi this ……………….. day of …………………. 2000.
xxxxxxx & COMPANY
ADVOCATES FOR THE DEFENDANT
DRAWN & FILED BY:-
xxxxxxxx & Company
Advocates
DEAD
Hhhh
DEADetum
P.O. BOX (Our Ref: HHHH)
NAIROBI.
TO BE SERVED UPON :
& Company
Advocates
Development
Hhhh
2nd
Floor
P.O
Box XXXXX (Your Ref: )
NAIROBI.
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