JASWINDER SIAN HULSMAN & another v MY SCHOOL (MONTESSORI) LIMITED & another [2009] KEHC 540 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILIMANI LAW COURTS

Civil Case 178 of 2008

DR JASWINDER SIAN HULSMAN…………………1ST PLAINTIFF/ RESPONDENT

DR. MICHAEL SCHMIDT HULSMAN……………2ND PLAINTIFF/ RESPONDENT

Versus

MY SCHOOL (MONTESSORI) LIMITED………….1ST DEFENDANT/APPLICANT BIJAL R. SHAH…………………………………………….2ND DEFENDANT/APPLICANT

RULING

Having carefully considered the Defendants/Applicants written submissions dated 11th November 2009 in support of their Application by Chamber Summons dated 24th June 2009; and the Plaintiffs/Respondents written submissions dated 24th November 2009 in opposition to aforesaid Chamber Summons the said Chamber Summons be and is hereby dismissed with costs to the Plaintiffs/Respondents for the following reasons:-

Firstly, I do not find the pleadings scandalous, frivolous or vexatious;

Secondly, I do not find the pleadings an abuse of the process of the court;

Thirdly, parties through their written submissions are introducing evidence contrary to Order VI Rule (2) of the Civil Procedure Rules;

Fourthly, the pleadings raise important and weighty legal points proper to be considered for a resolution during the trial in the main suit.

Dated this 27th  day of November 2009.

J. M. KHAMONI

JUDGE