Summons to Enter Appearance O. 5 r.

2 (1) CIVIL 1B

IN THE CO –OPERATIVE TRIBUNAL AT NAIROBI

TRIBUNAL CASE NO. OF 2020
SAMUEL CHEBURET................................................................................................................... CLAIMANT

-VERSUS-
BORESHA SACCO SOCIETY LTD………………………………………………………………RESPONDENT

TO:
BORESHA SACCO SOCIETY LTD
P.O BOX
MARIGAT

KABARNET

WHEREAS the above-named Plaintiff has instituted a suit against you upon the claim, the particulars of
which are set out in the copy plaint with annextures attached hereto.
YOU ARE HEREBY REQUIRED within 15 days from the date of service hereof to enter an
appearance in the said suit.
Should you fail to enter an appearance within the time mentioned above, the Plaintiff may
proceed with the suit and judgement may be given in your absence
Given and issued under my hand and the Seal of Court this ………………………….day of
………………………….. , 2020
…………..………………………………...
Magistrate/Executive Officer
or Officer appointed under O.5 rule 1(2)
IMPORTANT NOTICE
(1) You may appear in this by entering an appearance either personally, or by duly appointed
advocate at …………... appearance can be entered by filing with the Court Memo of Appearance (forms are
obtained from court at 15 cents each) in duplicate, showing the defendant’s address for service. A filing fee
must accompany such memoranda. A copy of Memo. of Appearance should also be sent to the plaintiff or his
advocate, if any.
You may enter an appearance through the Post by sending the following to the…
IN THE CO –OPERATIVE TRIBUNAL AT NAIROBI

Magistrate (Civil).P.O.BOX NAIROBI

(i) Memorandum of Appearance and a copy.
(ii) Notice of Appearance and a copy.
(iii) Two envelops each sufficiently stamped: one addressed to the Plaintiff or his
advocate at the address for service and the other addressed to yourself.
(2) If you admit the claim the total sum now due is
Sum claimed in plaint…………………………………………See Plaint
Advocate’s cost……………………………………………….
Court fees………………………….………………………….
Court collection fee…………………………………………….
(3) If payment is made direct to the Plaintiff no Court Collection fee is payable. Cheques cannot be accepted.
Remittance must be by coin, bank notes or postal orders.
(4) This summons is valid for 12 months from the date issue.
P.T.O
I have received copies of the summons and the plaint of this………………………..day of………………
2021…………………………..at ………………………..o’clock.

…………………………………………….
Signature of Recipient

AFFIDAVIT OF SERVICE

I, ………………………………… a process Server of this Court make oath affirm and say as follows:
The said defendant …………………………………………………………………………was
At the time personally known to me, and I served summons on him/her on the…………………………….day
Of………………………., 20…………………………..at about………………..o’clock in the…………noon
at……………………by tendering a copy thereof to him/her and requiring his/her signature on the principal.

…………………………………….
Deponent

Sworn/Affirmed by the said……………………………………………………………………………

at…….........................................this………………….day of……………………..2021……………

Before me

……………………………………......................
Magistrate

Note- If substitutes service has been ordered state fully and exactly the manner in which the process was
served with special reference to the terms of any order for substituted service.

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JKF-10/2000