[2019] KEHC 1782 (KLR)
The court held that since the original summons to enter appearance were issued on 2nd August 2017 and expired on 1st August 2018, they were dead and could not be revived under the law. The application by the plaintiffs to extend or revive the summons was therefore not merited and was dismissed. The court relied on...
Source-derived case information.
- Citation
- [2019] KEHC 1782 (KLR)
- Parties
- Plaintiff: Bulent Gulbahar; Plaintiff: Remax Construction Limited; Defendant: National Hospital Insurance Fund
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 170 of 2017
- Procedural Posture
- Civil Case / Ruling on Exparte Chambers Summons Application
- Outcome
- application dismissed
- Judges
- CM Kamau
- Legal Topics
- Summons Validity, Order 5 Rule 2, Exparte Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bulent Gulbahar
Plaintiff
Remax Construction Limited
Plaintiff
National Hospital Insurance Fund
Defendant
Procedural Posture
Civil Case / Ruling on Exparte Chambers Summons Application
Legal Issues
- 1 Whether the plaintiff's exparte chambers summons application for extension or revival of summons to enter appearance is merited.
- 2 Whether the expired summons can be revived under Order 5 Rule 2.
Ratio Decidendi
The court held that since the original summons to enter appearance were issued on 2nd August 2017 and expired on 1st August 2018, they were dead and could not be revived under the law. The application by the plaintiffs to extend or revive the summons was therefore not merited and was dismissed. The court relied on the express provisions of Order 5 Rule 2 (1) of the Civil Procedure Rules, which stipulate the period of validity for summons and do not provide for revival after expiry.
Court Disposition
application dismissed
Orders
- The plaintiff's exparte chambers summons application dated 17th May 2019 and filed on 12th July 2019 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBI
CIVIL CASE NO. 170 OF 2017
BULENT GULBAHAR .......................................................................1STPLAINTIFF
REMAX CONSTRUCTION LIMITED............................................2NDPLAINTIFF
VERSUS
NATIONAL HOSPITAL INSURANCE FUND.....................................DEFENDANT
RULING
1. I have looked at the Plaintiff’s exparte Chambers Summons application dated 17th May 2019 and filed on 12th July 2019 and the Supporting affidavit of Bulent Gulbahar that was sworn on 17th May 2019 and heard oral submissions by their counsel. I note that the Summons to Enter Appearance were issued on 2nd August 2017 and expired on 7th August 2018.
2. Under Order 5 Rule 2 (l), an original summons other than a concurrent summons shall be valid in the first instance for twelve (12) months beginning with the date of its issue and a concurrent summons shall be valid in the first instance for the period of validity of the original summons which is unexpired at the date of issue of the concurrent summons.
3. In view of the fact that the original summons were issued on 2nd August 2017 and expired on 1st August 2018, they are dead and cannot be revived.
4. Accordingly, I find and hold that the Plaintiff’s exparte Chambers Summons application dated 17th May 2019 and filed on 12th July 2019 was not merited and the same is hereby dismissed but with no order as to costs as it was an exparte application.
5. Orders accordingly.
DATEDandDELIVEREDatNAIROBIthis25thday ofSeptember 2019
J. KAMAU
JUDGE