Third Party Application Order 1 rule 4
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL CASE NUMBER pppppppppp OF 2001
WWWWWWWWWWWW………….............…...............………PLAINTIFF
VERSUS
NNNNNNNNNNNNN………………...............….………..........1ST DEFENDANT
KKKKKKKKKKKK OF KENYA………..........................…….2ND DEFENDANT
CHAMBER SUMMONS
(EX-PARTE)
LET ALL PARTIES concerned attend before the Honourable Magistrate in
Chambers on the day of 2002 at 9.00 O'clock in the forenoon
or soon thereafter so as Counsel for the 2 nd Defendant/Applicant may be
heard on an Application for ORDERS:-
1. THAT the 2nd Defendant/Applicant be granted leave to issue and serve
a Third Party Notice upon KKKKKKKKKKKK Transporters and
Wheelbase Limited as per the annexed draft Third Party Notice marked
“A”.
2. THAT the costs of this application be provided for.
WHICH APPLICATION is based on the following grounds: -
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1. That the 2nd Defendant will seek indemnity and/or contribution from the
proposed Third Parties for any liability that may be found accruing from
the 2nd Defendant to the Plaintiff.
2. That it is in the interests of justice that the proposed Third Parties be
joined to facilitate the determination of the issue of liability.
AND WHICH APPLICATION is further grounded on the annexed Affidavit of
N. D. KKKKKKKKKKKK and such other or further grounds as may be
adduced at the hearing hereof.
DATED at NAIROBI this day of 2002.
LLLLLLLLLLLL & COMPANY
ADVOCATES FOR THE 2ND DEFENDANT
DRAWN & FILED BY:-
LLLLLLLLLLLL & Company
Advocates,
LLLLLLLLLLLL House,
LLLLLLLLLLLLetum Drive,
P.O. Box LLLLLLLLLLLL, 00100
NAIROBI.
“If any party does not appear at the time and place
abovementioned, such order will be made and proceedings taken
as the Court may deem just and expedient"
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REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL CASE NUMBER pppppppppp OF 2001
WWWWWWWWWWWW………….............…...............………PLAINTIFF
VERSUS
NNNNNNNNNNNNN………………...............….………..........1ST DEFENDANT
KKKKKKKKKKKK OF KENYA………........................…….2ND DEFENDANT
SUPPORTING AFFIDAVIT
I, N. D. KKKKKKKKKKKK residing along Brookside Drive Nairobi and of Post
Office Box Number 30831 Nairobi in the Republic of Kenya do make oath and
solemnly state as follows:-
1. THAT I am the Chief Executive Officer of KKKKKKKKKKKK Limited
("the Defendant"), which company is the 2nd Defendant in this suit.
2. THAT in my aforesaid capacity, I am duly authorised and competent to
swear this Affidavit on the said company's behalf.
3. THAT on the 7th December, 2001, the Plaintiff, through its Advocates,
Messrs. Ng’eno Wangalwa & Company Advocates instituted a suit
against the Defendants by filing a Plaint on 7 th December, 2001.
Pursuant thereto, the 2nd Defendant entered appearance on 20 th
December, 2001 and filed its Defence on 9th January, 2002 through its
advocates on record, LLLLLLLLLLLL & Company, Advocates.
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4. THAT in the said Defence, the 2nd Defendant has averred that it is not
liable for the damages and costs arising out of the alleged accident
caused by Motor Vehicle Registration Number KKKKKKKKKKKK842C
("the said motor vehicle”) or any part thereof or at all.
5. THAT in the said Defence, the 2 nd Defendant has further averred that it
has been wrongfully sued and should not be party to this suit.
6. THAT in the said Defence, the 2 nd Defendant has further averred in the
alternative and without any prejudice whatsoever to any of the foregoing
matters therein, that it was only registered as owner of the said Motor
Vehicle only by virtue of being a re-financier to Wheelbase Limited and
KKKKKKKKKKKK Transporters who were the true owners of the Motor
vehicle. The 2nd defendant was therefore not the true owner of the said
Motor vehicle at all material times as alleged.
7. THAT the 2nd Defendant, pursuant to Consent Order recorded on 29 th
May, 2001 in Milimani HCCC KKKKKKKKKKKK of 2001, has
transferred to Wheelbase Limited, one of the proposed Third Parties,
the logbook and a blank executed transfer form for the said Motor
vehicle KKKKKKKKKKKK 842 Annexed herewith and marked "NDC1"
are true copies of the Decree in HCCC KKKKKKKKKKKK of 2001 and a
file copy of a letter written by the 2 nd Defendant and accepted by
Wheelbase Limited.
8. THAT having received the transfer forms and the logbook for motor
vehicle registration number KKKKKKKKKKKK 842 and since the 2 nd
Defendant has never had actual possession of the motor vehicle, it is
clear that the proposed Third Parties are necessary parties to this suit.
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9. THAT in view of the foregoing, the 2nd Defendant has wrongly been
sued by the Plaintiff.
10. THAT further to paragraph 8 hereinabove, the 2 nd Defendant properly
claims indemnity and contribution from the proposed Third Parties since
the said Third Parties were at all material times, the rightful and lawful
owners of the said Motor vehicle and especially at the time of the said
accident.
11. THAT I am advised by the Advocates on record for the 2 nd Defendant,
Messrs. LLLLLLLLLLLL & Company, Advocates, whose advise I verily
believe to be true that Wheelbase Limited and KKKKKKKKKKKK
Transporters are proper parties to be joined in this suit.
12. THAT I swear this Affidavit in support of the Application herein for leave
to issue and serve a Third Party Notice upon Wheelbase Limited and
KKKKKKKKKKKK Transporters.
12. THAT what is deponed to hereinabove is true to the best of my
knowledge and belief.
SWORN by the said N. D. KKKKKKKKKKK )
)
at Nairobi this day of 2002 )
)
)
BEFORE ME )
)
)
COMMISSIONER FOR OATHS )
DRAWN AND FILED BY:-
LLLLLLLLLLLL and Company
Advocates,
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REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL CASE NUMBER pppppppppp OF 2001
WWWWWWWWWWWW………….............…...............………PLAINTIFF
VERSUS
NNNNNNNNNNNNN………………...............….………..........1ST DEFENDANT
KKKKKKKKKKKK OF KENYA………..........................…….2ND DEFENDANT
THIRD PARTY NOTICE
(Order 1 Rule 14 of the Civil Procedure Rules)
Issued pursuant to an Order of the Court dated 29th April, 2002
TO
WWWWWWWW LIMITED
NAIROBI
KKKKKKKKKKKK TRANSPORTERS
NAIROBI.
TAKE NOTICE that this action has been brought by the Plaintiff against the
2nd Defendant. In it, the Plaintiff claims against the 2 nd Defendant in
accordance with the attached Plaint. The 2nd Defendant disputes the Plaintiff’s
claim on the grounds set out in the Defence but in the event of his being held
liable to the Plaintiff, the 2nd Defendant claims that it is entitled to indemnity
and/or contribution on the grounds, inter alia, that you are the lawful owners of
the Motor Vehicle Registration Number KKKKKKKKKKKK842C, the subject
matter of this suit by virtue of the accident that it caused as more specifically
explained and or averred in the Plaint.
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FURTHER TAKE NOTICE that the 2nd Defendant claims to be indemnified
against liability for any damages, costs and interest that may be awarded to
the Plaintiff, the costs that will be incurred by the 2 nd Defendant in defending
the Plaintiff’s claim herein and the costs of these Third Party Proceedings.
AND FURTHER TAKE NOTICE that if you wish to dispute the Plaintiff’s claim
against the 2nd Defendant or the 2nd Defendant’s claim against yourselves, you
must appear within 15 days after the service of this Notice on yourselves,
inclusive of the date of service, otherwise you will be taken to admit the
Plaintiff’s claim against the 2nd Defendant and the 2nd Defendant’s claim
against you and you will be bound by any Judgment given in this suit.
DATED at Nairobi this day of 2002.
LLLLLLLLLLLL & COMPANY
ADVOCATES FOR THE 2ND DEFENDANT
DRAWN AND FILED BY
LLLLLLLLLLLL and Company
Advocates,
LLLLLLLLLLLL House,
LLLLLLLLLLLLetum Drive,
P O Box LLLLLLLLLLLL,
NAIROBI.
