Chamber summons

 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NRB

MILIMANI COMMERCIAL COURTS

CIVIL SUIT NO.  XXXX OF 2000

THE EASTERN AND SOUTHERN

JUNGLE  BANK………..………………..PLAINTIFF

-VERSUS-

JUNGLE GREENFIELDS LIMITED…………………1^ST DEFENDANT

NRB LIMITED…………………………………….……2^ND DEFENDANT

******…………………….…..3^RD DEFENDANT

CHAMBER SUMMONS 

(Under Section 3A of the Civil Procedure Act Cap 21 Laws of Kenya and Order XXXIX, Rules 1(a), 2, 3 and 9 of the Civil Procedure Rules)

LET ALL PARTIES CONCERNED attend the learned Judge in Chambers on the                 day of                 2000 at 9.00 a.m.  in the forenoon or so soon thereafter as Counsel for the Plaintiffs/Applicants can be heard on an application FOR ORDERS THAT:-

1.            Service of this application be dispensed with in the first instance as the object of this application and of the suit will be defeated if the 2^nd and 3^rd Defendants/Respondents operate and thereafter alienate, or in any manner whatsoever deal with the sum of USD.504,000.00 held in the 2^nd and 3^rd Defendants accounts numbers 106023506 and 105973519 held in Nrb.

2.            Pending the hearing and determination of this suit, the 2^nd and 3^rd Defendants/Respondents, their servants and/or agents or otherwise howsoever be restrained from dealing in any way whatsoever with the sum of USD 504,000.00 held in accounts numbers 106023506 and 105973519 at Nrb.

3.            This temporary injunction lasts until 15^th August 2000 when the injunction application dated 4^th July 2000 is set to be heard inter-partes.

4.            The costs of this ex-parte Application be costs in the cause.

ON THE GROUNDS THAT:-

i)             On 17^th and 30^th March, 2000 respectively, the Plaintiff in pursuance of an agreement between itself and the 1^st Defendant agreed to and did advance to the said 1^st Defendant a total sum of USD.504,000.00. The said amount was paid, at the request of the 1^st Defendant, into the 2^nd Defendant’s account number 105973519 held at Nrb. The said amount was paid in two tranches of USD.346,586.13 and 157,413.87 respectively on the aforementioned dates.

  

ii)           Subsequent events as more clearly set out in the Affidavit of Sylvia Kitonga annexed to the application dated 4^th July 2000 have shown that the entire transaction was tainted by fraud and wrongdoing on the Defendants’ part in that the Defendants never intended to use the money for the purpose for which it was disbursed. The Plaintiff has since cancelled its contract with the 1^st Defendant and or declared the same to be void.

iii)          The Plaintiff is justifiably apprehensive that the 2^nd and 3^rd Defendants, in whose accounts the money is held, may before the hearing and determination of this suit or even before any criminal charges are preferred, further alienate or otherwise deal with the aforementioned amount to the Plaintiff's utter prejudice and loss.

iv)          That the temporary injunctive remedy obtained on 5th July 2000 was on 20^th July 2000 vacated due to the fact that the 1^st defendant whose registered offices are in Malawi had not been served with the application. The leave to serve the said defendant was obtained from this Honourable Court on 28^th July 2000.

WHICH APPLICATION is further supported by the annexed Affidavit sworn by NRB Advocate and on such other or further grounds as may be adduced at the hearing hereof.

DATED at NRB this                      day of                           2000.

WANJIKU AND COMPANY

ADVOCATES FOR THE PLAINTIFF/APPLICANT

DRAWN AND FILED BY­

WANJIKU and Company

Advocates,

DRE ,

DREetum                                       

P. O. Box ******,

NRB.                        

TO BE SERVED UPON

(Through Plaintiff’s Advocates' Office)

JUNGLE Greenfields Limited

P. O. Box ******,

Limbe,

MALAWI.

NRB Limited,

P. O. Box ******,

NRB.

******

P O Box

NRB.

NOTE:           If any party served does not appear at the place and time abovementioned, such orders will be made and proceedings taken as the court will deem just and expedient.