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3rd party, Nitice.

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How to draft 3rd party Notice.

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REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT NAIROBI

(MILIMANI COMMERCIAL COURTS)

CIVIL SUIT NO. 10599 OF 1995

ENTERPRISES LIMITED ................................. PLAINTIFF

-versus-

BLOGGS TOURING COMPANY LIMITED .............. DEFENDANT/APPLICANT
AND
LOST MAIL COMPANY LIMITED .................... INTENDED THIRD PARTY

EX-PARTE CHAMBER SUMMONS
(Under Order I Rule 14 (1)(a)(b)(c) of the Civil Procedure Rules
and Section 3A of the Civil Procedure Act)
LET ALL PARTIES concerned attend the Honourable Court on
the day of 1999 at 9.00 O’clock in the forenoon or so soon
thereafter for the hearing of an application on the part of the counsel for the
Defendant/Applicant for orders:-

1. THAT the Defendant/Applicant herein be granted leave to issue Third Party
Notice against LOST MAIL COMPANY LIMITED and the same to be served
against the said intended Third Party.

2. THAT costs of this application be provided for.

WHICH APPLICATION is supported by the annexed affidavit of OTOYO
OBAMBLA on the following grounds and other grounds to be adduced at the
hearing hereof:-

(a) THAT the Defendant/Applicant delivered various motor vehicle parts worth
Kshs. 129,062.50 to the intended Third Party so that the same may be
returned to the Plaintiff.

(b) THAT the Defendant/Applicant presumed that the said motor vehicle parts
had been delivered to the Plaintiff.

(c) THAT it is necessary to have M/s Lost Mail Company Limited, joined as
Third Party to this suit to enable this Honourable Court adjudicate on this
matter effectively.


DATED at NAIROBI this day of 1999.



SPICK SPAN & COMPANY

, ADVOCATES FOR THE DEFENDANT/APPLICANT

…/2

-2-


DRAWN AND FILED BY:-

SPICK SPAN & COMPANY
ADVOCATES,
HAZINA TOWERS (8TH FLOOR),
MONROVIA STREET,
P.O.BOX 48824,
NAIROBI.


TO BE SERVED UPON:


DESPERATE DAN (YOUR REF: PJP/531/31)
ADVOCATE,
JUBILEE INSURANCE EXCHANGE, (“If any party served does not appear at
4TH FLOOR, the time and place above mentioned such
MAMA NGINA STREET, orders will be made and proceedings taken
P. O. BOX 45193, as the court may think just and expedient”).
NAIROBI.

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Uploaded on
April 30, 2023
Number of pages
6
Written in
2022/2023
Type
Class notes
Professor(s)
Ms. mongs
Contains
Civil litigation drafting.

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