Dr Jaswinder Sian Hulsman & 1 other v My School (montessori) Limited & 1 other

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