All templatesREPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CIVIL SUIT NO. E101 OF 2026
BETWEEN
NYALI BEACH RESORT LIMITED ……………………………………… PLAINTIFF/APPLICANT
-VERSUS-
COAST WATER SERVICES LIMITED ……………………………………… DEFENDANT/RESPONDENT
NOTICE OF MOTION
(Under Order 40 rules 1 and 2 of the Civil Procedure Rules, 2010 and all other enabling provisions of the law)
TAKE NOTICE that this Honourable Court will be moved on the ______ day of ____________ 20____ at 9.00 o'clock in the forenoon or so soon thereafter as counsel for the Applicant may be heard for ORDERS:
1. THAT this application be certified urgent and be heard ex parte in the first instance.
2. THAT an order of temporary injunction do issue restraining the Respondent, whether by itself, its servants, agents, officers or otherwise howsoever, from disconnecting the Applicant's water supply pending the hearing and determination of this application inter partes.
Litigation & Dispute Resolution
Notice of Motion & Application template (Kenya)
What it is for
Interlocutory applications and Chamber Summons under Order 51 CPR.
The Kenyan law it follows
- Civil Procedure Rules 2010 — Order 51 rules 1, 3, 4, 10 and 13 (applications by motion; notice to the parties and ex parte orders; grounds in general terms; provision relied on stated; signed by the advocate, the closing note, service seven clear days before the hearing)
- Civil Procedure Rules 2010 — Order 51 rule 14 (the respondent answers by preliminary objection, replying affidavit or grounds of opposition three clear days before the hearing)
- Civil Procedure Act Cap 21 — sections 1A, 1B and 3A (overriding objective; inherent power)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample notice of motion & application
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this notice of motion & application is for Lex members
Create a free account to read the whole sample, draft it for your matter and download it in Word.
This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.