Bulent Gulbahar & Remax Construction Limited v National Hospital Insurance Fund [2019] KEHC 1782 (KLR)

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