Bulent Gulbahar & 1 other v National Hospital Insurance Fund

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 170 OF 2017 BULENT GULBAHAR .......................................................................1 ST PLAINTIFF REMAX CONSTRUCTION LIMITED............................................2 ND PLAINTIFF VERSUS NATIONAL HOSPITAL INSURANCE FUND.....................................DEFENDANT RULING 1. I have looked at the Plaintiff’s exparte Chambers Summons application dated 17 th May 2019 and filed on 12th July 2019 and the Supporting affidavit of Bulent Gulbahar that was sworn on 17 th 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 2 nd 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. DATED and DELIVERED at NAIROBI this 25th day of September 2019 J. KAMAU JUDGE