NOTICE OF MOTION

1. SStay of execution of the judgment (Order XL1, Rule 4 (1) (2), Order L Rule 1 of the
Civil Procedure Rules, Section 3A of the Civil Procedure Act and all other enabling
provisions of Law)
2. Dismissal of suit for want of prosecution by the defendant (Section 3A of the Civil Procedure Act,
Order XVI Rule 5 (d) of the Civil Procedure Rules).

3. Leave to Appeal out of time--Sections 79G and 95 CPA & order 49 CPR
4. Dismissal of defendants counterclaim (Section 3A of the Civil Procedure Act,
Order XVI Rule 5 (d) of the Civil Procedure Rules)
5. Application for order of certiorari to be set aside (S.3A Civil Procedure Act and Order 50 r.17
Civil Procedure Rules)
6. Review & reinstatement (Under Sections 80 and 3A of the Civil Procedure Act, Cap 21, Order IXB
Rule 8, Order XLIV Rules 1, 2 and 3, of the Civil Procedure Rules)
7. Requesting for judgment on admissions(Under Order XII Rule 6 of the Civil Procedure Rules,
Section 3A of the Civil Procedure Act and All other enabling Provisions of Law)
8. Motions under order L
Rule 1. All applications to the court.
Rule 6. Service of notice on defendant served with summons to enter appearance but not
appearing.

CHAMBER SUMMONS
1. Striking out of plaint. (Under Order VI rule 13(1) (b) & (d) of the Civil Procedure Rules, section 3A
of the Civil Procedure Act and all other enabling provisions of the law)
2. Amendment of plaint. (Under Order VIA Rule 3(1), 5, 7 and 8, Order 44 of the Civil Procedure
Rules, Sections 95 and 3A of the Civil Procedure Act and all other enabling provisions of the law)
3. Third Party Application Order 1 rule 4
4. Arbitration (Section 6 of the Arbitration Act 1995, Rule 2 of the Arbitration Rules, 1997; Section
3A of the Civil Procedure Act, Chapter 21 of the Laws of Kenya; and all other enabling
provisions of law)
5. Examination of debtors property (Under Order XXI Rules 36 and 91 of the Civil Procedure
Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law.)
6. Contempt of court (Section 5 of the Judicature Act, Cap. 8 Laws of Kenya, Order 52 Rules of
the Supreme Court of England 1965, Section 3A of the Civil Procedure Act , cap 21 of the Laws
of Kenya)

7. Amendment of defence. (Under Order VIA Rule 3(1( (5) , 5, 7 and 8 of the Civil Procedure
Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law)

8. Amendment of judgment (Under Sections 3A and 99 of the Civil Procedure Act, Cap 21,of the
Laws of Kenya; Order XX Rule 3(3), Order L Rule 1 of the Civil Procedure Rules and all other
enabling provisions of the law)

9. Reconstruction of file. (Under Section 3A of the Civil Procedure Act
Temporary Injunctions and Interlocutory Orders(Under Section 3A of the Civil
Procedure Act Cap 21 Laws of Kenya and Order XXXIX, Rules 2(1), 3 and 9 of the Civil
Procedure Rules)
10. Joinder of an interested party. (Under Order 1 Rule 10 of the Civil Procedure Rules Section 3A
of the Civil Procedure Act and All Other Enabling Provisions of law)

11. Temporary injunctions (Under Section 3A of the Civil Procedure Act Cap 21 Laws
of Kenya and Order XXXIX, Rules 2(1), 3 and 9 of the Civil Procedure Rules)

ORDERS OF MANDAMUS,. PROHIBITION AND CERTIORARI ORDER LIII
Rule 1 - Applications for Mandamus, Etc., Not to Be Made Without Leave,
Rule 3 - Application to Be by Notice of Motion.

ORIGINATING SUMMONS RETURNABLE BEFORE THE JUDGE SITTING IN CHAMBERS ORDER 36.
1. Order 36 rule 1(g) the determination of any question arising directly out of the administration of
the estate or trust.
2. Order 36 rule 3. A vendor or purchaser for the determination of any question which may arise
in respect of any requisitions or objections, or any claim for compensation; or any other
question arising out of or connected with the contract of sale (not being a question affecting
the existence or validity of the contract).
3. 3A - Summons by a Mortgagee or Mortgagor, Etc.
3B - Caveats.
3C - Extension of Limitation Period.
3D - Registration. of Title to Land.
3E - Application for Permission to Marry Under Age.
3F - Application Under the Registered Land Act.
3G - Application Under Chattels Transfer Act.
4 - Summons by a Member of a Partnership.
5 - Summons by Persons Interested in Deeds or Wills.
12 - Applications under this order shall be made in chamber summons
Motions and Other Applications order L

PRECEDENCE DOCUMENTS
1. AFFIDAVIT OF SERVICE

TITLE

I, ccccccccccc of Post Box number xxxxx Nairobi in the Republic of Kenya a licenced process server of this
Honourable Court make oath and state as follows:-

1. THAT acting on the instructions received from my employer, Messrs. Xxxxx and Company, Advocates for
the Plaintiff I went on 7th December 2000 to I. C. E. A. Building in the Office of Hamilton Harrison &
Mathews, Advocates for the Defendant to serve them with a Chamber Summon application dated 17 th
November 2000 and filed in Court on......................................

2. THAT on the same day at about 10.40 a.m. I served a copy of the same Chamber Summon on a clerk
working for the said Advocates.

3. He accepted service and acknowledged receipt by stamping and signing at the back of a copy for me,
which said acknowledged copy I attach hereto.

4. THAT what is deponed to hereinabove is true to the best of my knowledge, save as to matters deponed to
on information sources whereof I have disclosed and matters deponed to on belief grounds whereupon
have been given.

SWORN at Nairobi this day )

of 2001 )
)
BEFORE ME )
COMMISSIONER FOR OATHS )
DRAWN AND FILED BY:-
Xxxxx and CompanyAdvocates

2. WILL
THIS is the last will and testament of me MMMMMMM of Post Office Box Number … … … … Nairobi and I hereby
revoke all former wills codicils and other testamentary dispositions made by me.

1. I appoint NNNN of Post Office Box Number … … … … and RRRRR of Post Office Box Number … … … …
Nairobi (hereinafter called “my trustees” which expression shall include the trustee or trustees for the
time being hereof) to be the executors and trustees of this my will.

2. I give to my trustees all my real and personal property whatsoever and wheresoever (including any
property over which I may have a general power of appointment or disposition by will).

3. My trustees shall hold the said property upon trust to retain or sell the same with power to postpone the
sale thereof for so long as they shall in their absolute discretion think fit without being liable for loss.

4. My trustees shall hold the proceeds of such sale and all unsold and retained property and my ready
money upon the following trusts:
(a) To pay my debts and funeral and testamentary expenses;
(b) Subject thereto for my wife DDD absolutely; but
(c) If my wife shall die in my lifetime then the same shall be held for my son AAAAAAA absolutely.
5. If my said son shall die during my lifetime or after my death leaving a child or children alive at or born after
my death then such child or children shall take by substitution and if more than one in equal shares the
share or shares of my estate which my said son would have taken under clause 4(c) above.

IN WITNESS whereof I have hereunto set my hand this . day of ….. 1999.
Signed by the above-named )
MMMMMMMMMM )
as his last will in the presence of us present )
at the same time who at his request in his )
presence and in the presence of each other )
have hereunto subscribed our names as )
witnesses )
)
Testator: )
)
Witness: )
1. Name: …………………………………… )
Address: ………………………………… )
Occupation: …………………………….. )
)
Witness: )
2. Name ……………………………………. )
Address: ………………………………… )
Occupation: …………………………….. )

The Plaintiff having had problems regularising his first account. 2. The Defendant admits the contents of paragraph 4 of the Plaint. The Defendant admits the descriptive parts of paragraphs 1. 2 and 3 of the Plaint save that its address for service for the purposes of this suit is care of Xxxxx and Company.… DEFENDANT DEFENCE AND COUNTERCLAIM 1.. P. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MILIMANI CIVIL CASE NO. Without any prejudice whatsoever to the contents of paragraph 2 above. the Defendant avers that the Plaintiff had two accounts with the Defendant. The first account number 4113001 had been on going since 1999 and the second one account number 4113046 has been running since August 2000. Box xxxxx Nairobi. BBBBBB. Arboretum Drive. was given transport business by the Defendant to assist him in paying off his outstandings. O. xxxxx OF 2001 BBBBBB KOMO……………………………………………….………… PLAINTIFF -VERSUS- XXXXX OIL (K) LIMITED…………………………………………. . Advocates. 3.

Without any prejudice to the foregoing. 5. the Defendant avers that the sole purpose of the transport agreement dated 23 rd January. Further the two Guarantees referred to were obtained well before the Agreement was executed. Further. The Defendant denies the contents of paragraph 7 and 8 of the Plaint and puts the Plaintiff to strict proof thereof. the Defendant avers that by the time the transport agreement was entered into. The contents of paragraph 6 of the Plaint are admitted.4. The contents of paragraph 5 of the Plaint including the alleged representations are denied and the Plaintiff put to strict proof thereof. Without any prejudice whatsoever to paragraph 5 above. in response to paragraph 4 of the Plaint. the Plaintiff had already purchased the 2 trucks. 6. 7. 2001 was to enable the Plaintiff find at least one source of income to offset his debt to the Defendant. 8. BBBBBB 393J and BBBBBB 886C. the Defendant avers that it has allocated transport business to the Plaintiff and it is in fact the . The Defendant avers that it was clearly understood between the parties that the transport was not to be the sole source of income for the Plaintiff and the Defendant denies that any representations were made to the contrary. The Defendant denies that any of the trucks have been painted with the Xxxxx Logo and puts the Plaintiff to strict proof.

The jurisdiction of this Honourable Court is admitted. The particulars of loss and damage as set out in paragraph 9 of the Plaint are denied in toto and the Plaintiff put to strict proof thereof. 9. . The Defendant contends that the Plaint discloses no cause of action known in Law and will at the appropriate time apply to strike it out. The Defendant is a stranger to paragraph 11 of the Plaint and is unable to plead. The Defendant denies that there was any implied term in the agreement not to demand payment on the Guarantee. The Defendant denies receiving any notice of intention to sue. The contents of paragraph 10 of the Plaint are denied and the Plaintiff put to strict proof thereof. 13. 11. Without any prejudice to the foregoing. 12. the Defendant avers that it would be well within its rights to call on the Guarantee. 2001 and that the Defendant will not be in breach if it calls on that Guarantee. In response to paragraph 12 of the Plaint. 14. the Defendant avers that the demand for payment under the Guarantee has never been dependent on the transport agreement dated 23rd January. 10. Plaintiff who has breached the Agreement by failing to avail the trucks on numerous occasions.

REASONS WHEREFORE the Defendant prays that the Plaintiff’s suit be dismissed with costs and judgement be entered on the counterclaim as prayed.COUNTERCLAIM 15. 17.16 together with interest thereon at commercial rates together with costs of this suit and interest thereon.115. DATED at Nairobi this day of 2001.897.115. The Defendant repeats and reiterates the contents of paragraph 3 above and avers that the Plaintiff is indebted to the Defendant to a total sum of Kshs. 2001 for petroleum products sold and delivered on various dates. XXXXX & COMPANY ADVOCATES FOR THE DEFENDANT .897. 16. The Defendant prays for the aforesaid sum of Kshs. refused and or neglected to pay the aforementioned amount despite numerous requests to do so.4.16 as at 28 th March.4. The Plaintiff has failed.

our client’s driver. Advocates. P. NAIROBI.Nakuru Road involving Motor Vehicles Registration Numbers FFFFF 056Y and MB FFFFF 323 ZA. Advocates. 9th Floor. Demand letter accident Nairobi. was lawfully driving our client’s motor vehicle registration Number MB FFFFF 323 to which a trailer registration mark ZA 6631 was attached. O. managed and/or controlled Motor Vehicle registration . Transporters upon whose instruction we write to you as follows: - On or about 8th December 2000 along Eldoret . Arboretum Drive. Box xxxxx. Corner House. Dear Sir. O. while in the course of his employment.Nakuru road. Box xxxxx. Re: Accident on 8th December 2000 Along Eldoret . P. BBBBBB. TO BE SERVED UPON: - xxxxx & Company. We act for Fffff Ltd. In blatant disregard of the traffic rules and without due regard to other motorists and road users. you so negligently drove. DRAWN AND FILED BY: - Xxxxx & Company. NAIROBI.

100 in full payment. in repairing the said motor Vehicle and trailer and as a result of the said accident generally. Subsequently. as set out hereunder. you were charged in Nakuru Law Courts with careless driving.000 b) Cost of repairing trailer ZA 6631 Kshs 500. 1. our instructions are to institute requisite legal proceedings against you.000 d) Damage to goods Kshs 100.100 Our instructions are to demand from you. We trust that this shall not be necessary and look forward to receiving your positive response within the aforestipulated deadline.500 Total Kshs 1.Number FFFFF 056Y and further blindly attempted to overtake our client’s motor vehicle aforesaid. our client has incurred substantial expense and has been subjected to loss.655. TAKE NOTICE that unless we receive WITHIN FOURTEEN (14) DAYS of the date hereof.000 e) Cost of police Report Kshs 100 f) Assessors fees Kshs 1. as we hereby do. c) Loss of user Vehicle / trailer for three months Kshs 240.100 being the amount due and owing to our client as a result of the expense incurred and the loss suffered thereby as a consequence of the said accident. at all time holding you liable for the costs thereby incurred and other consequences ensuing therefrom.655. Your immediate admission of liability and reimbursement of the said sum of Kshs. Consequently. FFFFF & COMPANY FFFFF Cc ggggggg Demand letter collection of debts . thereby permitting and/or causing the same to violently collide with our client’s vehicle aforesaid and consequently occasioning enormous damage thereto. your written admission of liability and the said Sum of Kshs 1. Yours faithfully. a) Cost of repairing the Motor Vehicle Kshs 750.655.000.

on the 28th day of December 2001.00 by the end of January 2002. In view of the foregoing.. upon whose instructions we write to you as follows:- In or about January 1999.00. . Re: Debt owing toggggt/a Ppppppp Enterprises We act for Mr. Original by registered post copy by recorded hand delivery Dear Madam.000. Regrettably..00 at end of every month until payment in full. Subsequent thereto.000 and Kshs 11.000. you paid to our client the sum of Kshs 3.780. 10.00.00 instead of the agreed Kshs. As agreed between yourself and our client. upon presentation to the Bank. (hereinafter referred to as “our client”). In furtherance of the said agreement. you committed yourself in writing to pay Kshs.780 . Be that as it may.000.000... . the balance currently due and owing from yourself to our client is Kshs.. and thereafter Kshs. upon several demands both formal and informal from our client. 18.. our client supplied to you cloth calendars for the year 1999 and overcoats valued at Kshs.780. returned dishonoured and unpaid. 2.00. full particulars are well within your knowledge. 10.Ffffffffffffff hhhhhhhhhhh Homa Bay. 2. at the end of the said January. upon your request.00 soon thereafter. you issued two cheques to our client in purported part payment of the outstanding balance herein which cheques were. 24.000. Since then.00 and promised to remit the balance thereof in the sum of Kshs 26. payment by yourself for the said calendars and overcoats was to be made upon delivery of the same to your Homa Bay premises. respectively. you have refused to honour your obligation as per your said commitment. you decided to send our client a money order of a poultry sum of Kshs.

you have refused. our instructions are to take such further steps in this matter as may be necessary.O. including the institution of legal proceedings against yourself for the recovery of the sum demanded. Demand letter collection of debts bbbbbbbbbbb. copy by recorded hand delivery Nairobi. ccccccccccc. Further.24. Yours faithfully. failed and /or otherwise neglected to honour your said promises. Accordingly. Attn: Mr. at all times holding you liable for the costs thereby incurred and other consequences ensuing therefrom. Dear Sir. full and immediate payment of the said outstanding amount of Kshs.00 together with interest thereon is paid in full within SEVEN (7) DAYS from the date of this letter.780.780. as we hereby do. Re: Unlawful Termination of Employment of Mrcccccccccc after attack on him on 7th January 2000 .24. Original by Registered Post and P. failure and /or neglect to pay the said sum of Kshs.Despite various promises by yourself to our client to make good the said cheques and commitment. you have persisted in your refusal. despite several reminders to yourself requiring that you pay the aforesaid outstanding sum. We trust that this will not be necessary and look forward to hearing from you within the aforementioned time. 24.780.00 or any part thereof.00 together with interest thereon from the respective due dates at the commercial rates prevailing from time to time until payment in full. our instructions are to demand from you. Cccccccccccccc gggggggggggggg Cc Client. Box ccccccc. TAKE NOTICE that unless the aforestated sum of Kshs.

neglected and/or otherwise failed to pay to our client such sums of money and other compensation as was lawfully due to him. In addition to the foregoing. 2 Salary for 12 months in the sum of US$ 21. Pursuant to the foregoing. the said heinous act was perpetrated with the active collusion and connivance of your organization and every effort was made thereafter to conceal the facts... 1999. Accordingly. could have engaged in or condoned such illegal acts. our instructions are to demand from you. our instructions are to institute legal proceedings against yourselves without any further recourse to yourselves whatsoever. with the aim of frustrating his efforts to perform his duties efficiently and/or eliminating him altogether. as an international humanitarian organization.R. as we hereby do. In the early morning of 7th January 2000. TAKE NOTICE that unless we receive your positive response as aforestated with the stipulated deadline of SEVEN (7) DAYS of the date of this letter. .. subsequent hereto. loss and suffering as our client has been subjected to as a consequence of the said attack. The last of such Agreement was signed by the parties on 8th July. Abdiaziz Osman Mohamoud and Raymond Deserzens against our client. he was attacked by a clique of members of the I. aforestated (hereinafter called "our client"). holding you liable for all costs thereby incurred and other consequences ensuing therefrom. were renewed as and when the same expired. As subsequent events revealed.C Somalia Delegation who are well known by our client. our client was engaged by your Organization as a Consultant. within the next SEVEN (7) DAYS that: - a) You shall immediately reinstate our client to his employment without any loss of status.. neglected and/or otherwise failed to respond to our client's letters and/or make good his bona fide claim.We act for Mr. ii) General damages for such pain. upon whose instructions we write to you as follows: - Since 1988. iv) Any such further compensation as may. you have refused. We are instructed that this was a malicious internal scheme. The terms and conditions of our client's contract of employment were as contained in one -year Consultancy Agreements which by mutual consent of the parties. details whereof are well within your knowledge. iii) Such sum of money. agents or servants namely. come to light. . 3 Compensation under the Accident Insurance Cover. your organization purported to terminate our client's contract of employment without any lawful basis for doing so. as are payable to ensure complete recovery by our client. your Organization refused. representing future medical expenses. Even then. which had been skilfully organised under the conspiracy of two of your employees. our client is entitled to claim the following from your organization: - 1 Compensation for wrongful termination of our client's contract of employment. Messr. whilst our client was in the ordinary course of his employment. emoluments or benefits attendant thereto.. we are instructed that pursuant to the express and/or implied terms of the said Consultancy Agreement as read together with the Consultancy Regulations. It is unfortunate that your organization..960. Despite numerous reminders to yourselves. that you confirm to us in writing. b) You admit liability to pay to our client forthwith:- i) The compensation and amounts referred to in numbers 1-3 above.C.

Client 2.... 1......... 2002 in the High Court Civil Case No.………………..... 2…....1ST RESPONDENT PPPPPPPPPPPPPPPP........... sssssssssssssss cc...We trust that this will not be necessary and we look forward to hearing from you within the aforementioned time... Yours faithfully. of 200...…..... NAI. OF 2002 IN THE MATTER OF AN INTENDED APPEAL BETWEEN THE ATTORNEY GENERAL.... sssssss. dated 11th .………………...........……………………... ssssssss La Paix Memo of appeal REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION NO... Justice Rawal).....…….........1ST APPLICANT NN KENYA LIMITED.………......………………......) .......2ND APPLICANT AND MMMMMMMMMMM.……2ND RESPONDENT (Application for extension of time to file and serve the Notice of Appeal.. out of time in an intended Appeal from a Judgement of the High Court of Kenya at Nairobi (Honourable Mrs.….

............……... 2000 against the Applicants/Respondents (hereinafter collectively referred to as “the Respondents”) was to put pressure on them to pay the claims of NN and to prevent them from continuing with their civil suits........................... namely:- 1. The Learned Judge erred in fact in making a finding that the Attorney General did not exercise the power enshrined in section 26 of the constitution in a quasi-judicial manner... 2.......….... The Learned Judge erred in fact in finding that the predominant purpose behind the institution of Criminal proceedings on 1 st February.2ND APPLICANT VERSUS THE ATTORNEY GENERAL…….................. of 2000 against MMMM and PPP on 2 nd February 200….. ...……..... upon the . 3...............1ST RESPONDENT NNN KENYA LIMITED........ The Learned Judge erred in law and in fact in making a declaration that the institution and maintenance of the Chief Magistrates Nairobi Criminal Case No...........2ND RESPONDENT MEMORANDUM OF APPEAL The Appellant above-named appeals to the Court of Appeal against the entire Judgement above-mentioned on the following GROUNDS inter alia......................................................... BETWEEN MMMMMMMMMMM………………..........……1ST APPLICANT PPPPPPPPPPPPPPPPP.....

7. 4. The Learned Judge erred in fact and in law by ordering that the proceedings in the Chief Magistrate’s Case No. could raise a reasonable belief of committal of criminal offences.. 6. of 2000 be permanently stayed and further that the Chief Magistrate Nairobi or any other Magistrate be prohibited from hearing and determining the said case. The Learned Judge erred in law and in fact in making a declaration that the institution.. KKK both oral and by way of affidavit that the terms of trade was “Cash on order”. . 19….Shs 99. the transactions between 12TH and 15TH September. Having conceded that it may be true that in isolation.416/= which is disputed by them. MM evidence that the terms of payment between the parties was “Cash on delivery” despite the evidence of Mr.. 5.563. the Learned Judge failed to make a finding that indeed a criminal offence. that of obtaining by false pretence had indeed been committed on the said dates pursuant to which the Appellant made a complaint to the Police. The Learned Judge erred in fact by upholding Mrs. complaint of NNN Kenya Limited was and is for the purposes of exerting pressure on the applicants/ respondents to pay NN Kenya Limited a sum of K. 8.. the Learned Judge erred in fact in ... Having accepted the evidence of Mrs MMM that she stopped the payments of the subject cheques “believing that NN would come around to give her a full account of money owed by both parties”. prosecution and maintenance of the aforesaid criminal case is an abuse of the criminal process of the Court and is arbitrary and a contravention of the said applicants’ rights under section 82 of the constitution.

By satisfying herself that the subject matters of the counter-claim filed by the Appellant in the civil suit filed by the Respondents is the same which are . 11. 13. 10. the Learned Judge erred in fact in failing to find that in those circumstances.The Learned Judge erred in fact in failing to find that if in fact the evidence of Mrs MMM was to be believed i. failing to find that the Respondents had in fact lifted products for the value of the said cheques that she had stopped and that she had continued to do so even after she knew that she had stopped payment of said cheques a fact unknown to the 2nd Respondent/Applicant. KKK evidence on behalf of the Appellant. that the terms of trade was “cash on order”. it was doubtful that NN Kenya would indeed have continued to sell petroleum products to the Respondents on credit. they have never made a formal complaint to the Police in respect of the alleged fraud. The Learned Judge erred in fact in failing to make a finding that if indeed the MMM had no knowledge of the other three cheques which they claimed were fraudulently filled in by the Appellant. 12.e. The Learned Judge failed in the circumstances that the Appellant must have relied on the said Cheques as value for money before it authorised the release of its products to the Respondents from its depot. Having satisfied herself that indeed some form of dispute existed between the parties and having had the benefit of listening to Mr. 9. then it was not necessary for her to leave blank signed cheques with the Appellant as opposed to going with the said cheques to the Appellants offices and writing out a cheque for the value of the products collected every day.

. the Learned Judge failed to appreciate the submissions made on behalf of the Appellant relating to the sequence of events prior to the filing of the said suits and the subject Notice of Motion from which this Appeal lies in that. collected products for the value thereof.. 15. Having made a finding that the Investigating Officer did not properly investigate the case. the Appellant was compelled in the circumstances and therefore obliged to file not only a Defence but also a Counterclaim within the time prescribed by the civil procedure rules and to include the amounts of the subject cheques for which by the Appellants had by their own admission. way before the Respondents filed the civil suits.. used in the charge sheet of the criminal proceedings. In the circumstances. the Learned Judge erred in fact in finding that the filing of the Civil suits by the Respondents definitely hampered the Appellant from realizing its claim from the Respondents suggesting that the Appellants resorted to exerting pressure on the Respondents to pay the amounts due to it by the Respondent... 17. 16. 199... the complaint by the Appellant was made on 7th. 14. The Learned Judge failed to appreciate that the suit having been commenced by the Respondents. That the Learned Judge erred in fact in failing to appreciate that the fact that the Appellant had filed a counter-claim which included the value of the subject five cheques did not in any way change the manner in which NN came to be owed the amounts thereof by the Respondents. the Learned Judge erred in Law in ordering that only NN Kenya do pay the Applicants/Respondents costs when the original Application .

In the result the orders made by the Learned Judge be set aside.. was in fact made against the Attorney General who is an independent party from the Appellants herein.. COPY TO BE SERVED UPON:- WWWW & IIIIIII Advocates . DATED at Nairobi this day of 201 TTTTTT AND COMPANY ADVOCATES FOR THE APPELLANT TO:- The Honourable the Judges of the Kenya Court of Appeal. In view of the circumstances set out herein above.. 18..... The costs of the Appeal be granted to the Appellant against the Respondent. It is proposed to ask the Court FOR ORDERS THAT:- The Appeal be allowed and a declaration be made to the extent that the Appellant properly made a complaint to the police on 7 th . the Learned Judge totally misdirected herself in delivering Judgement in favour of the Respondents by failing to consider and appreciate the evidence on record tendered on behalf of the Appellant. 1999 believing that an offence had been committed against it in the period between 12 TH and 15TH September 199….

NAIROBI. DEPUTY REGISTRAR COURT OF APPEAL Amend Judgment order XX Rule 3 CPR . The Attorney General State Law Offices Sheria House Room 308 NAIROBI LODGED in the Registry at Nairobi this day of 200....

500. .of the Laws of Kenya. Cap 21. THAT the Judgment of the Honourable Mr Justice Mitey delivered herein on 25th May.... . .... . . . DEFENDANT/RESPONDENT NOTICE OF MOTION (Under Sections 3A and 99 of the Civil Procedure Act. .. .. Messrs. .. .500.00 from VVV Kenya Limited and not Kshs. .00 as contained in the said Judgment. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO OF 1996 KKKKKKK . PLAINTIFF/APPLICANT VERSUS KKKKKKK CARGO AG . Advocates for the Plaintiff/Applicant ("the Plaintiff") herein will move this Honourable Court FOR ORDERS:- 1.00 O'clock in the forenoon or so soon thereafter as they can be heard.. . 2... THAT the said Judgment be amended to read that the Plaintiff earned a total sum of Kshs. 877. 2001 (“the said Judgment”) be amended so as to rectify an arithmetical error apparent in the said Judgment. 577. Order XX Rule 3(3). KKKKKKK & Company. Order L Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law) TAKE NOTICE that on the day of 2001 at 9..

THAT in the circumstances. the Plaintiff mitigated his losses by securing employment with VVV Industries and VVV Kenya . 6. 877. respectively. 4.00 being loss of future earnings by the Plaintiff on account of premature determination of the Plaintiff’s contract of employment with the Defendant.3. THAT in a Judgment delivered by this Honourable Court on 25 th May.00. 877. after premature determination of his contract of employment with the Defendant amounted to Kshs.689. 5.00 awarded to the Plaintiff for loss of future earnings. 877. respectively. THAT further.00 and Kshs. 13. WHICH APPLICATION is made on the GROUNDS: - 1. 2001 by the Honourable Mr. THAT upon the premature determination of the Plaintiff’s contract of employment by the Defendant. 300. should be Kshs.000.500. less the sums of Kshs. 2. Justice Mitey.00 earned by the Plaintiff from VVV Industries Kenya and VVV Kenya Limited.830. inter alia.500. the said Judgment be amended to read that the total sum of income earned by the Plaintiff from his subsequent employment at VVV Kenya Limited and VVV Industries Limited. THAT such further Orders and/or directions be given to the intent that the amounts payable by the Defendant to the Plaintiff be fully and finally determined. inter alia.689.500. the true and rightful amount to be deducted from the sum of . the sum of Kshs. THAT the costs of this application be provided for. Kshs. (“the said Judgment”) the Plaintiff was awarded. 13.830.00 .

000. herein Messrs. 1. 877.00 from his said subsequent employments. 1. where he earned a total sum of Kshs. THAT however.00 from VVV Limited alone.500.the Plaintiff’s Advocates on record.00. 6. the learned trial Judge in his said Judgment. confirms that the Plaintiff indeed earned a total sum of Kshs.500. the total amount of income earned by the Plaintiff from his subsequent employments aforesaid purportedly amounted to Kshs. 2000 and filed in this Honourable Court on 20th December.00. 577.00 4. 7.177.00 and Kshs. inadvertently miscalculated the Plaintiff’s income aforesaid and indicated that the Plaintiff had earned a sum of Kshs.177. THAT the total sum therefore earned by the Plaintiff in his subsequent employments aforesaid amounted to Kshs. not Kshs.00 from the . 877. Limited. respectively. 2000. 300. THAT pursuant to the aforesaid erroneous miscalculation.500. THAT uncontroverted evidence adduced by the Plaintiff at the hearing of this suit and the Final written Submissions prepared by the said Advocates on behalf of the Plaintiff at page 28 thereof.00 as erroneously computed by the Plaintiff’s Advocates.500. whereas the said sum was indeed the total sum of income earned by the Plaintiff in his two subsequent employments aforesaid. 1. THAT however. relied on the Plaintiff’s Advocates’ inadvertent arithmetical miscalculation and deducted the erroneous sum of Kshs. at page 31 of the Plaintiff’s written submissions dated 19th December.500. 3. 877.500.177.500. Salim Dhanji & company. as income. 5.

amount of Kshs.689. THAT in view of the said arithmetical error contained in the said Judgment. to date the Plaintiff is yet to extract the Final Decree thereof as the same can only be extracted after due resolution by the learned trial Judge of the actual amounts to be deducted from the amount of Kshs. 8. (c) The ends of justice and equity would be defeated and frustrated. THAT unless the said Judgment is amended as prayed:- (a) The Plaintiff would be unable to obtain his just fruits therefrom.689. 10.00 awarded to the Plaintiff on account of loss of future earnings.13. there is good and sufficient cause for amendment of the said Judgment as prayed. . THAT the aforesaid inadvertent arithmetical miscalculation of the Plaintiff’s said Advocates should not be visited on the litigant as the same would occasion grave and substantial prejudice to the Plaintiff.00 awarded to the Plaintiff on account of loss of future earnings due to premature determination of the Plaintiff’s contract of employment as aforesaid. (b)The entire trial process would be rendered a nullity. 13. 11.830.830. the said Judgment ought to be reviewed as prayed. THAT this application has been made diligently and without unreasonable delay. 9. 12. THAT in view of the foregoing. THAT accordingly. in the interests of justice and fairness . 13.

DATED at Nairobi this day of 2001. KKKKKKK AND COMPANY ADVOCATES FOR THE PLAINTIFF/APPLICANT DRAWN AND FILED BY: KKKKKKK and Company Advocates House P O Box Nairobi TO BE SERVED UPON:- NOTE: If any party served does not appear at the place and time abovementioned. Dismiss for want of prosecution Order 16 Rule 5(d) .WHICH APPLICATION is further supported by the Affidavits of KKKKKKK and on such other or further grounds as may be adduced at the hearing thereof. such orders will be made and proceedings taken as the Court will deem just and expedient.

. THAT the costs of this application and of the entire suit be awarded to the Defendant.. 2.... . ……………….DEFENDANT NOTICE OF MOTION (Order XVI Rule 5(d) of the Civil Procedure Rules) TAKE NOTICE THAT this Honourable Court will be moved on the day of 2000 at 9. WHICH APPLICATION is.PLAINTIFF -VERSUS - YYYYYYYYY LIMITED . . .00 O'clock in the forenoon or soon thereafter so as counsel for the Defendant may be heard on an application for orders:- 1.. REPUBLIC OF KENYA IN THE RESIDENT MAGISTRATES COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) RMCC NO. .. PP OF 1995 XXXXXXXXXXXXX .. THAT this suit be dismissed with costs for want of prosecution.. . …………. based on the ground that the Plaintiff has neglected and/or otherwise failed to set down the suit for hearing and/or or . .

Jubilee Place Mama Ngina Street P. DATED at Nairobi this day of 2000. Box BBBBBBBBL NAIROBI." . BBBBBBBBL & Company Advocates 5th Floor.otherwise failed to take any steps to prosecute the same for a period of over twelve months.O. TO BE SERVED UPON :.O. "If any Party served does not appear at the time and place above- mentioned such order will be made and proceedings taken as the court may think just and expedient. VVVVVVVVV AND COMPANY ADVOCATES FOR THE DEFENDANT DRAWN AND FILED BY:- VVVVVVVVV and Company Advocates VVVVVVVVV House VVVVVVVVVVVVVVVVVV P. Box LLLLLL NAIROBI. AND WHICH APPLICATION is further supported by the annexed affidavit of BBBBBBBBL.

.

THAT pursuant thereto.. REPUBLIC OF KENYA IN THE RESIDENT MAGISTRATES COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) RMCC NO. PLAINTIFF -VERSUS - YYYYYYYYY LIMITED . THAT in 1995.. Box LLLLLL.DEFENDANT AFFIDAVIT I BBBBBBBBL of Post Office Number . upon perusing the Plaint and Summons to Enter Appearance. 1995. . THAT I am an Advocate of the High Court of Kenya employed by and practising with the firm of Messrs VVVVVVVVV & Company.. 4. ... Advocates. 3... . filed the Defendant's Statement of Defence and Counterclaim. .. . 2... we entered appearance for the Defendant and on 8th March. . . O. P.. THAT on 16th March. the Plaintiff filed his reply to Defence and Counterclaim..... VVVVVVVVVVVVVVVVVV. .. Nairobi in the Republic of Kenya do swear and solemnly state as follows:- 1. PP OF 1995 XXXXXXXXXXXXX .. 1995. the Defendant instructed us to act in this matter.. . . VVVVVVVVV House.. Nairobi who have the conduct of this matter on behalf of the Defendant.

THAT the case was again fixed for hearing on 28th January. 8. 10. 9. neglected. . 11. THAT when the case came up for hearing on 13 th September. neglected and/or otherwise failed to take out fresh hearing and has since refused. THAT on 19th November. THAT thereafter. 1997 but no hearing date could be taken on that day as the said date fell on a Saturday. the Plaintiff refused. 1996. THAT I swear this Affidavit in support of the Defendant's Application herein seeking the dismissal of this suit for want of prosecution. 6. and/or otherwise failed to take set down the suit for hearing and/or take any steps to prosecute the same. THAT I verily believe that this neglect and/or failure to set down the suit for hearing amounts to an abuse of the process of this of this Honourable Court. 1998 when the same could not proceed since the Plaintiff's Advocate was apparently held up in the Court of Appeal. it is just and expedient that this case be dismissed with costs for want of prosecution.5. 7. the same could not proceed since the Plaintiff was not present on the material date as a consequence whereof the matter was stood over generally. THAT for reasons aforesaid. 1997 the Plaintiff's Advocates Messrs BBBBBBBBL invited our firm to attend the Registry for purposes of taking a hearing date on 29th November.

Leave to Appeal out of time­­Sections 79G and 95 CPA & order 49 CPR .12. Box LLLLLL Nairobi. THAT the matters deponed to herein are true to the best of my knowledge save for matters deponed to on belief the grounds whereof have been given and matters deponed to on information the sources whereof have been disclosed. O. SWORN by the said BBBBBBBBL ) at Nairobi on this day of 2000 ) ) ) ) BEFORE ME ) ) ) COMMISSIONER FOR OATHS ) DRAWN AND FILED BY VVVVVVVVV & Company Advocates VVVVVVVVV House VVVVVVVVVVVVVVVVVV P.

. 2.           OF 2000 AAAAAAAAAA LIMITED……………. 2000 without notice to the applicant.REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS MISCELLANEOUS APPLICATION  NO.…….… PROPOSED APPELLANT VERSUS BBBBBBBBBBB ………………………………PROPOSED RESPONDENT NOTICE OF MOTION (Under sections 79G and 95 of the Civil Procedure Act and  Order XLIX Rule 5 of the Civil Procedure Rules) TAKE NOTICE that this Honourable court will be moved on the          day of 2000  at 9.00 o’clock in the forenoon or soon thereafter so as Counsel for the proposed appellant may be heard on an application for orders: ­ 1. THAT  the   proposed   Appellant   be   granted   leave   to   appeal   out   of   time against the whole judgement of the Senior Resident Magistrate’s Court at Kangundo delivered on 7th April. THAT  the   Memorandum   of   Appeal   annexed   hereto   be   deemed   as   duly filed and served.

That by the time the said Advocate could obtain sufficient instructions from the proposed appellant. That   soon   thereafter   on   20th  April. 2000 that the said Advocate became aware that judgement had been delivered. THAT the costs of this application be provided for. 2000.3. d. That   the   Advocate   for   the   Proposed   Appellant   was   unaware   of   the delivery of judgement as the same was to have been delivered on 9 th March. That it was not until a proclamation was issued against the proposed appellant on 19th April. . the time allowed to file an appeal had run out. e. WHICH APPLICATION is based on the following grounds:  a. That the proposed respondent is unlikely to suffer any prejudice.   the   said   Advocate   filed   an application   for   stay   of   execution   pending   appeal   in   the   Resident Magistrate’s Court which application was heard on 28 th April.   2000. 2000 on which date the Resident Magistrate was not sitting and no   subsequent   dates   for   judgement   were   given   and   none   could   be established despite all due diligence. b. c. 2000 and ruling delivered on 19th May.

BBBBBBBBBBBBBBBBBBBBBB.AND   WHICH   APPLICATION  is   supported   by   the   annexed   affidavit   of EEEEEEEEE  Advocate and other reasons and grounds as may be adduced at the hearing hereof. Box . BBBBBBBBBBB House. NAIROBI. BBBBBBBBBBB AND COMPANY ADVOCATES FOR THE PROPOSED APPELLANTS DRAWN AND FILED BY: ­ BBBBBBBBBBB and Company Advocates. DATED at Nairobi this                day of                                  2000. TO BE SERVED UPON: ­ . O. P.

NNNN & Company P. Leave to Appeal out of time­­Sections 79G and 95 CPA & order 49 CPR REPUBLIC OF KENYA IN THE HIGH COURT AT MACHAKOS MISCELLANEOUS APPLICATION  NO. “If any party served does not appear at the time and place above mentioned such order will be made and proceedings taken as the court may think just and expedient”. O. Box  NAIROBI.… PROPOSED APPELLANT VERSUS BBBBBBBBBBB ………………………………PROPOSED RESPONDENT NOTICE OF MOTION (Under sections 79G and 95 of the Civil Procedure Act and  .           OF 2000 AAAAAAAAAA LIMITED…………….…….

5. Order XLIX Rule 5 of the Civil Procedure Rules) TAKE NOTICE that this Honourable court will be moved on the          day of 2000  at 9. 2000 on which date the Resident Magistrate was not sitting and no   subsequent   dates   for   judgement   were   given   and   none   could   be established despite all due diligence. 6. 2000 without notice to the applicant. . That   the   Advocate   for   the   Proposed   Appellant   was   unaware   of   the delivery of judgement as the same was to have been delivered on 9 th March. WHICH APPLICATION is based on the following grounds:  f. THAT the costs of this application be provided for. THAT  the   proposed   Appellant   be   granted   leave   to   appeal   out   of   time against the whole judgement of the Senior Resident Magistrate’s Court at Kangundo delivered on 7th April.00 o’clock in the forenoon or soon thereafter so as Counsel for the proposed appellant may be heard on an application for orders: ­ 4. THAT  the   Memorandum   of   Appeal   annexed   hereto   be   deemed   as   duly filed and served.

. 2000 and ruling delivered on 19th May. That the proposed respondent is unlikely to suffer any prejudice. That by the time the said Advocate could obtain sufficient instructions from the proposed appellant.   2000. i. That   soon   thereafter   on   20th  April. h. DATED at Nairobi this                day of                                  2000.g. 2000. 2000 that the said Advocate became aware that judgement had been delivered.   the   said   Advocate   filed   an application   for   stay   of   execution   pending   appeal   in   the   Resident Magistrate’s Court which application was heard on 28 th April. j. the time allowed to file an appeal had run out. That it was not until a proclamation was issued against the proposed appellant on 19th April. AND   WHICH   APPLICATION  is   supported   by   the   annexed   affidavit   of EEEEEEEEE  Advocate and other reasons and grounds as may be adduced at the hearing hereof.

BBBBBBBBBBBBBBBBBBBBBB. TO BE SERVED UPON: ­ NNNN & Company P. Box . “If any party served does not appear at the time and place above mentioned such order will be made and proceedings taken as the court may think just and expedient”.BBBBBBBBBBB AND COMPANY ADVOCATES FOR THE PROPOSED APPELLANTS DRAWN AND FILED BY: ­ BBBBBBBBBBB and Company Advocates. P. . BBBBBBBBBBB House. O. NAIROBI. O. Box  NAIROBI.

Motion stay of execution
REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

CIVIL CASE NO. XXX OF 1998

UUUUUU
DDDDDD........................................................................PLAINTIFFS

VERSUS

PPPPP.................................................................DEFENDANT

AND

FFFFFFF LIMITED...............................................................THIRD PARTY

CERTIFICATE OF URGENCY

We, XXX & COMPANY ADVOCATES, who have the conduct of this
suit on behalf of the Plaintiffs, hereby certify that this Application is
extremely urgent and should be heard on a priority basis in that the
Plaintiffs are threatened with imminent execution of the Decree herein.
If the said execution occurs before this Application is heard and the

orders sought therein granted, the Plaintiffs will suffer irreparable loss
and damage, hence the urgency of this Application.

DATED at Nairobi this day of 2002.

XXX & COMPANY
ADVOCATES FOR THE PLAINTIFFS

DRAWN & FILED BY:

XXX & Company,
Advocates,
Fffffff,
Arboretum ,
P. O. Box XXXXX,
00100 NAIROBI.

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

CIVIL CASE NO. XXX OF 1998

UUUUUU
DDDDDD........................................................................PLAINTIFFS

VERSUS

PPPPP.................................................................DEFENDANT

AND

KENYA ROADWAYS
LIMITED...............................................................THIRD PARTY

NOTICE OF MOTION

(Order XL1, Rule 4 (1) (2), Order L Rule 1 of the Civil
Procedure Rules, Section 3A of the Civil Procedure Act and all
other enabling provisions of Law)

TAKE NOTICE that this Honourable Court will be moved on the
day of 2002 at 9.00 o’clock in the forenoon or so soon
thereafter so as the Counsel for the Plaintiff may be heard on an
application for ORDERS:

1. THAT service of this Application be dispensed with in the first
instance in view of its urgency.

(b) THAT if the said stay of execution is not granted. (c) THAT unless the Application is granted. (d) THAT the Applicants are ready and willing to deposit such nominal sum as this Honourable Court may order to be so deposited into Court as condition for stay. WHICH APPLICATION is based on the following grounds: (a) THAT the Applicant has an arguable Appeal with a high probability of success. THAT the costs of this Application be provided for. THAT this Honourable Court be pleased to stay the execution of the Decree in respect of the judgment entered herein on 5 th February. the Applicants’ Appeal will be rendered nugatory and the Applicants will suffer irreparable damage.2. pending Appeal. . (e) THAT substantial loss will result to the Applicants unless the orders sought are granted. the Respondent will levy execution against the Applicants in an effort to recover its costs. 3. 2002 and any other order that may be issued pursuant thereto.

View Park Towers.(f) THAT this Application has been made without unreasonable delay. P. XXX & COMPANY ADVOCATES FOR THE PLAINTIFFS DRAWN & FILED BY: XXX & Company Advocates. 00100 NAIROBI. Fffffff. TO BE SERVED UPON: Muriu Mungai & Company Advocates. reasons and grounds that may be adduced at the hearing hereof. Box XXXXX. DATED at Nairobi this day of 2002. O. (g) THAT the Application ought to be granted in the interests of equity and justice. WHICH APPLICATION is supported by the annexed Affidavits of UUUUUU. 19th Floor Monrovia Street . DDDDDD and and further on such other arguments. Arboretum .

O. Box . P.” . NAIROBI. 4th Floor. Haile Selassie Avenue. Muira & Company Advocates. House. such orders will be made and proceedings taken as the Court may think just and expedient. O. Note: “If any party served does not appear at the time and place above mentioned. Box . NAIROBI.P.

.................. I am therefore competent to swear this Affidavit.. In it......... 2......PLAINTIFFS VERSUS PPPPP............................ THAT I am the first Plaintiff in this case and the second Plaintiff is my daughter.....DEFENDANT AND KENYA ROADWAYS LIMITED....................................... my daughter and I were seeking damages occasioned by the loss of my husband through a road traffic accident.... 1998 by way of Plaint.... ...... THAT this suit was instituted on 29 th April............................THIRD PARTY AFFIDAVIT I................................... residing at Nairobi and care of Post Office Box Number Nairobi........ XXX OF 1998 UUUUUU DDDDDD.. hereby make oath and state as follows: 1....... REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO..... UUUUUU.......

THAT on 5th February. 5. 2002 by the Honourable Lady Justice Ang’awa who reserved her judgment until 5th February.3. 6. our Advocates on record filed a Notice of Appeal and requested for typed proceedings. THAT I am informed by the said Advocates that the proceedings of all that has transpired in this case are yet to be typed and it is impossible to lodge the Appeal without them. 7. 2002. two days after the delivery of the judgment. 4. 8. THAT the suit was fully heard on 30th January. I am a widow and I am supported to a large extent by my . 2002. THAT I am aggrieved and dissatisfied with the said judgment and have instructed our Advocate on record. to appeal against the same. the Honourable Lady Justice Ang’awa delivered her judgment by which she dismissed our suit with costs to the Defendant. In the circumstances. THAT I am aware that. THAT as I testified during the hearing of this case on 30 th January. I am advised that we have to wait until the Registry personnel complete the typing. 2002. Annexed hereto and marked as exhibits “ DKR1” and “DKR2” are true copies of the Notice of Appeal and the letter to the Deputy Registrar requesting for typed proceedings. 2002. on 7th February.

9. the Defendant threatens to levy execution and attachment. I cannot afford to deposit the estimated costs occasioned by this suit as a condition for stay. 2002. THAT if the amount of costs (when taxed) is paid over to the Defendant. whereupon the grounds have been given. THAT in view of the foregoing. THAT what is deponed to hereinabove is true to the best of my knowledge save to matter deponed to on information sources whereof have been disclosed and matters deponed to on belief. 2002. lodge its Bill of Costs for taxation. I am advised by my Advocates on record that. Consequently. 12. unless the Application for stay is heard urgently on a priority basis. religious community. the Defendant did. SWORN by the said ) ) UUUUUU ) ) at Nairobi this day of 2002) ) . on 2 nd April. THAT I swear this Affidavit in support of the Application annexed hereto for stay of execution pending Appeal to be heard as a matter of extreme urgency. 11. I am further advised that the taxation is scheduled for 28th May. 10. the intended Appeal will be rendered nugatory and the I will suffer irreparable loss and damage.

Fffffff. Arboretum . Box XXXXX. 19th Floor Monrovia Street P. ) ) ) BEFORE ME ) ) ) COMMISSIONER FOR OATHS ) DRAWN & FILED BY: XXX & Company Advocates. NAIROBI. View Park Towers. O. 00100 NAIROBI. Ref:- XXX & Company Advocates House 4th Floor Haile Selassie Avenue P O Box XXXXX NAIROBI. Ref. O. Box XXXX. . TO BE SERVED UPON: XXXXX & Company Advocates. P.

..PLAINTIFFS VERSUS PPPPP..... residing at Nairobi and care of Post Office Box Number 5XXX Nairobi..................................THIRD PARTY AFFIDAVIT I. ..... DDDDDD................... I am therefore competent to swear this Affidavit.............. THAT I have read and understood the contents of paragraphs 2 to 8 of my mother’s Affidavit and I can confirm that the same are true and accurate.. 2..............................................DEFENDANT AND KENYA ROADWAYS LIMITED................................... hereby make oath and state as follows: 1...... THAT I am the second Plaintiff in this case and the first Plaintiff is my mother..........................REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO.............. XXX OF 1998 UUUUUU DDDDDD.

the Defendant will commence execution proceedings to my utter loss and damage. whereupon the grounds have been given. . I am aware that the said Notice of Appeal has been filed and served and a letter requesting for typed proceedings has already been sent to the Deputy Registrar. 6. which I believe has good chances of success. THAT I swear this Affidavit in support of the Application annexed hereto for stay of execution pending appeal to be heard as a matter of extreme urgency. THAT I have just began working recently and I earn a modest salary and I am not in any position to meet the Defendant’s costs when taxed. 5. THAT I am also aggrieved by the judgment delivered on 5 th February. 7. 4. I therefore ask that this Court do stay the execution of the Decree pending the Appeal.3. THAT what is deponed to hereinabove is true to the best of my knowledge save to matter deponed to on information sources whereof have been disclosed and matters deponed to on belief. THAT I am advised by our Advocates on record that the initial steps in lodging an Appeal are to file a Notice of Appeal and request for typed proceedings. 8. THAT unless the Application for stay of execution is heard and the orders sought therein granted. 2002 by the Honourable Lady Justice Ang’awa and would like to appeal against the same.

00100 NAIROBI. Box XXXXX. O. NAIROBI. 19th Floor Monrovia Street P. View Park Towers. O. Fffffff. Ref:- XXX& Company Advocates House 4th Floor Haile Selassie Avenue P O Box XXXXX .SWORN by the said ) ) DDDDDD ) ) at Nairobi this day of 2002) ) ) ) ) BEFORE ME ) ) ) COMMISSIONER FOR OATHS ) DRAWN & FILED BY: XXX & Company Advocates. P. Arboretum . XXXX. TO BE SERVED UPON: XXXXXX & Company Advocates.

. Ref.NAIROBI.

.................. ......................................DEFENDANT AND KENYA ROADWAYS LIMITED.. THAT I am a member of the Sikh Community and the two Plaintiffs in this case are well known to me..... hereby make oath and state as follows: 1............. residing at Nairobi and of Post Office Box Number Nairobi..PLAINTIFFS VERSUS PPPPP..................................................... THAT I do know for a fact that the first Plaintiff is a widow and housewife since May 1996 when her husband passed away in a road traffic accident........THIRD PARTY AFFIDAVIT I.. XXX OF 1998 UUUUUU DDDDDD.........REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO........................ ........................ 2...........

THAT I am the person who recommended that the Plaintiffs file a suit through Messrs. THAT I am also aware that Mrs. 2002 and an Appeal has been instituted against the said decision. Rupra and her daughter have been receiving financial support and necessaries from our religious community since the death of her husband. THAT what is deponed to hereinabove is true to the best of my knowledge save to matter deponed to on information sources . 7. 5. 9. THAT I swear this Affidavit in support of the Application annexed hereto for stay of execution pending appeal to be heard as a matter of extreme urgency. THAT I know that this suit was dismissed with costs on 5 th February. THAT if the Defendant executes against the first Plaintiff in pursuit of his costs. 4. THAT I am aware that the firm above mentioned did waive fees on account of the Plaintiffs’ impecunious disposition. 6. I have been constantly updated of the progress of this matter.3. XXX & Company Advocates for recovery of damages. 8. then the first Plaintiff will suffer immense loss and damage. I urge this Court to stay execution pending the hearing and determination of the Appeal.

whereof have been disclosed and matters deponed to on belief. Arboretum . 19th Floor Monrovia Street P. O. Box XXXXX. 00100 NAIROBI. Box XXXXX. O. NAIROBI. Ref:- Muira & Company Advocates House . TO BE SERVED UPON: XXXXX & Company Advocates. SWORN by the said ) ) ) at Nairobi this day of 2002) ) ) ) ) BEFORE ME ) ) ) COMMISSIONER FOR OATHS ) DRAWN & FILED BY: XXX & Company Advocates. Fffffff. P. whereupon the grounds have been given. View Park Towers.

. ALL future correspondence should be addressed to Xxxxxxx and Company. PLAINTIFF VERSUS XXXXXXX COMPANY LTD.. P O Box xxxxxxx. . Box xxxxxxx Nairobi. Advocates. Ref. . Notice of change of advocates REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL SUIT NO. Nairobi has been appointed by the Plaintiff to act on his behalf in place of Xxxxxxx and Company Advocates New Hurlingham Plaza P.. Central Building. DEFENDANT NOTICE OF CHANGE TAKE NOTICE that Xxxxxxx and Company..4th Floor Haile Selassie Avenue P O Box XXXXXX NAIROBI. .. O. Advocates aforesaid.. DATED this day of 1999. . XXXXXXX AND COMPANY . 1 st Floor. xxxxxxx OF 1999 XXXXXXX T/A XXXXXXX MOTOR WORKS.

O Box xxxxxxx NAIROBI (Advocates for the Plaintiff) TO BE SERVED UPON:- Xxxxxxx & Company Advocates New Hurlingham Plaza P. REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) .O Box xxxxxxx NAIROBI Plaint accident vehicle Material damage to motor vehicle.ADVOCATES FOR THE PLAINTIFF DRAWN & FILED BY:- Xxxxxxx and Company. Advocates Central Building 1st Floor P.

……2nd DEFENDANT AMENDED PLAINT 1. Nairobi. agent and/or employee of the 1 st Defendant. Post Office Box Number RRRR. 3. PLAINTIFF VERSUS EEEEEEEEEEEE………………………………………….. The 1st and 2nd Defendants are male adults of sound mind residing and working for gain in Nairobi within the Republic of Kenya. while the 2 nd Defendant was the servant. FFFFFFFF . On or about the 12 th day of May. Service of Summons upon both Defendants shall be effected through the Plaintiff's Advocates' offices. the 1st Defendant was the registered owner of motor vehicle registration number RRRR 561. Daewoo Ciello registration Number JJJ . 4. The 1st Plaintiff is an adult female of sound mind residing and working for gain as an Advocate of the High Court of Kenya with the firm of RRRR & Company Advocates in Nairobi within the Republic of Kenya. 1st DEFENDANT DDDDDDDDDD………………………………………. 2000. FFFFFFFF House. the Plaintiff was lawfully driving her motor vehicle. CIVIL CASE EJ OF 2001 BBBBBBBBBB ………………. At all material times. 2.……………………………. Her address for service for the purposes of this suit is care of RRRR and Company Advocates.

brake or in any other way maneuver the said motor vehicle under his control so as to avoid the said accident. PARTICULARS OF THE 1ST DEFENDANT'S NEGLIGENCE a) Failing to keep any or any proper look out or to have any sufficient regard for other lawful users of the road. 544J along Haile Selassie Avenue Nairobi at about 4.m. c) Failing to see the Plaintiff in sufficient time or at all so as to avoid the said collision. The Plaintiff's motor vehicle was also extensively damaged. the Plaintiff included. stop. d) Failing to stop in time or at all so as to avoid the said collision. . swerve. e) Failing to give any or any adequate warning or signal of his approach. thereby occasioning substantive loss and damage to the Plaintiff.45 p. h) Causing the Plaintiff to ram into the rear of another vehicle in front thereby damaging the front of the Plaintiff’s motor vehicle aforesaid. b) Driving at a speed that was excessive in the circumstances. managed and/or controlled motor vehicle registration Number RRRR 561 that he caused the same to collide with the Plaintiff's said motor vehicle as a result whereof the Plaintiff suffered whip lash injuries to her neck and lower back. g) Colliding into the rear of the Plaintiff's motor vehicle aforesaid thereby causing damage to it’s rear. f) Failing to slow down. when the 1st Defendant.. negligently and/or recklessly drove. in the ordinary course of his employment so carelessly.

the Plaintiff will rely on the doctrine of "Res lpsa Loquitur". 6. i) Failing to adhere to the provisions of the Highway Code (Chapter 403 of the Laws of Kenya). So far as is necessary. the Plaintiff's motor vehicle was extensively damaged both at the rear and the front. b) Damage to the boot lock c) Damage to the tail light panel d) Damage to the rear right tail light e) Damage to the rear number plate light f) Damage to the rear axle g) Damage to the front bumper bar h) Damage to the entire rear bumper i) Damage to the front right hand seat tilt bracket PARTICULARS OF INJURIES SUFFERED BY THE PLAINTIFF Whip lash injuries resulting in:- (a) swelling of the lower back muscles (b) swelling of the lower neck muscles causing the Plaintiff to suffer a stiff neck for several days 8. . As a consequence of the said accident the Plaintiff has suffered loss and damage. PARTICULARS OF DAMAGE TO THE PLAINTIFF MOTOR VEHICLE a) Damage to the boot lid hinge covering. By reason of the matters aforesaid. 7.

00 (b) Assessment fees together with interest Thereon at 33% p.Shs. K. the Defendants have failed.000. 317.Shs.Shs.Shs.400. K. refused and/or ignored to settle the Plaintiff's claim. .00 --------------------- TOTAL K.000.20 on account of petrol charges K. 5. 25. 10. 56.190. K. The Plaintiff avers that the 2 nd Defendant is vicariously liable to the Plaintiff in respect of the said loss and damage.PARTICULARS OF SPECIAL DAMAGE (a) Repair costs to the Plaintiff's motor vehicle together with interest thereon at the commercial rates (currently at 33% p.00 (d) Excess on the Policy together with interest d thereon at the commercial rates (currently e at 33% p.a.Shs.472.a. 2. 3.95 (g) Medical expenses K. 54. 100.a.a. 219. 10.Shs.) from 26th June 2000 until payment in full.00 (f) Costs for hire by the Plaintiff of motor vehicle from Avenue Service Station (1977) Limited for use by the Plaintiff whilst her motor vehicle was undergoing repairs together with interest thereon at the commercial rates (currently at 33% p.95 less K.Shs. 2000 K.00 (e) Towing Charges K.Shs. Despite demand having been made and intention to sue having been given.Shs.282.00 (c) Police Abstract K.854.) from 31st May 2000 until payment in full.500. from 27th June.) from 11th July 200 until payment in full.544.75 9.Shs.

RRRR AND COMPANY ADVOCATES FOR THE PLAINTIFF DRAWN AND FILED BY: RRRR & Company Advocates .11.) from the respective dates on which each payment became due until payment in full.544.75 together with interest thereon at prevailing commercial rates (currently at 33% p. b) Costs of the suit and interest thereon. DATED at Nairobi this day of 2007. The cause of action arose at Nairobi within the jurisdiction of this Honourable Court. The Plaintiff avers that there is no other suit pending and further avers that there have been no previous proceedings in any Court between the Plaintiff and the Defendant over the same subject matter. 12. c) Any other or further relief that this Honorable Court may deem fit and just to grant. a) Special damages in the sum of KShs. REASONS WHEREFORE the Plaintiff prays for judgment against the 1st and 2nd Defendants jointly and severally for.a. 317.

PLAINTIFF -VERSUS- SSSSSSSSSSSSSSSS…………………………………………………………………………………DEFENDANT .FFFFFFFF House FFFFFFFF P 0 Box RRRR NAIROBI TO BE SERVED UPON (Through the Plaintiff's Advocates' Offices) 1. DDDDDDD 2 EEEEEEEE Plaint accident Negligence-personal injury claim REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE'S COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) CIVIL CASE NO. OF 1998 AAAAAAAAAAAAAAAAAAAA…………………………………………………………………….

when the Defendant's driver. 1997... 2. On or about the 2nd day of ….. P O Box KKKKKKK Nairobi. KKKKKKK. KKKKKKK House. Service of Summons upon him shall be effected through the Plaintiff's Advocates' office. At all material times. Road. managed and/or controlled motor vehicle . the Defendant was the registered owner of motor vehicle registration number KKK 697PPR. The Defendant is an adult male of sound mind residing and working for gain in Nairobi within the Republic of Kenya. Nairobi... employee or agent so carelessly. the Plaintiff was lawfully walking on the side walk off . servant. His address for service for the purpose of this suit is care of KKKKKKK and Company Advocates. PLAINT 1. 4. negligently.. and/or recklessly drove. The Plaintiff is an adult male of sound mind residing and working for gain in Nairobi within the Republic of Kenya. 3..

g) Failing to adhere to the provisions of the Highway Code. e) Failing to slow down. . PARTICULARS OF NEGLIGENCE ON THE PART OF THE DEFENDANT'S SAID DRIVER. SERVANT. c) Failing to see the Plaintiff in sufficient time or at all so as to avoid the said accident. d) Failing to stop in time or at all so as to avoid the accident. EMPLOYEE OR AGENT a) Failing to keep any or any proper look out or to have any sufficient regard for other lawful users of the road generally and the Plaintiff in particular. f) Driving off the road on to the sidewalk and hitting the Plaintiff thereat. swerve. b) Driving at a speed that was excessive in the circumstances. registration Number KKK 697PPR that he caused the same to hit and knock down the Plaintiff. brake or in any other way maneuver the said motor vehicle under his control so as to avoid the said accident. stop.

He thus suffered loss and damage for which he holds the Defendant liable. And the Plaintiff claims damages. b) Fracture of left humerous. PARTICULARS OF THE PLAINTIFF'S INJURIES a) Injuries to the head.5. left arm. the Plaintiff will rely on the doctrine of "Res ipsa Loquitur". 6. 7. left medial and lateral malleolus. The cause of action arose at Nairobi within the jurisdiction of this Honourable Court. the Defendant has failed. refused. So far as is necessary. and/or neglected to settle the Plaintiff's claim or any part thereof or at all thereby rendering this suit necessary. By reason of the matter aforesaid. Despite demand having been made and notice of intention to sue having been given. left leg and chest. 8. the Plaintiff sustained severe physical injuries. .

REASONS WHEREOF the Plaintiff prays for judgment against the Defendant for: a) General damages for pain. DATED at Nairobi this day of 1998. b) Any other or further relief that this Honourable Court may deem fit and just to grant. suffering and loss of amenities. KKKKKKK AND COMPANY ADVOCATES FOR THE PLAINTIFF DRAWN AND FILED BY: KKKKKKK and Company Advocates KKKKKKK House KKKKKKK P O Box KKKKKKK Nairobi TO BE SERVED UPON: (Through the offices of the Plaintiff's Advocates) SSSSSSSSS P O Box Nairobi .

Plaint breach of agreement REPUBLIC OF KENYA IN THE RESIDENT MAGISTRATE’S COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) .

Its address for service for the purposes of this suit is care of ****** & Company.PLAINTIFF VERSUS The Attorney General on behalf of THE MINISTRY OF HEALTH……………………….. Cap. 486 of the Laws of Kenya having its registered and principal office at Nairobi within the Republic of Kenya. Arboretum Drive. Box ******.CIVIL CASE NO OF 2000 ****** STEEL WORKS KENYA LIMITED……………………………….. a government department in the Republic of Kenya which is charged with all matters related to Public Health and therefore responsible for ****** Hospital Nyayo Wards Project which is attached to ****** District Hospital.. ******. 2. The 1st Defendant is the Ministry of Health. Service of summons will be effected upon it through the offices of the Plaintiff. Nairobi. The Plaintiff is a limited liability Company having been duly registered as such pursuant to the provisions of the Companies Act.2ND DEFENDANT PLAINT 1. . Advocates..1ST DEFENDANT HON.JUSTICE(RTD) ******……………. P...…………. O.

(i) In so far as it was oral. the 1st Defendant was a customer of the Plaintiff and the 2nd Defendant was the Project Co-ordinating Chairman of the ****** Hospital Nyayo Wards Project. partly in writing and partly by conduct. the said Agreement was made in or about August 1996 during discussions held between the Late . inter alia. Service of Summons will be effected upon him through the Plaintiff’s Advocate's offices aforesaid.3. manufacturing and selling steel rods and billets and other co-related products (hereinafter referred to as "the said goods"). the Plaintiff entered into an Agreement (hereinafter referred to as "the said Agreement”) with the 1 st and 2nd Defendants under which the Plaintiff would sell and deliver the said goods to the 1st Defendant for purposes of constructing the ****** Hospital Nyayo Wards Project (hereinafter referred to as “the said project”). 6. 4. PARTICULARS OF THE SAID AGREEMENT: The said Agreement was made partly orally. At all material times. In or about August 1996. The 2nd Defendant is an adult male of sound mind residing in Nairobi in the aforesaid Republic. The 2 nd Defendant was also the Financial Controller of the Project and acted as agent of the 1st Defendant in soliciting for the said goods. 5. The Plaintiff was and is still engaged in the business of.

Mr. N.C. Patel (the then Senior Executive Sales and Marketing
Manager), Mr. V.D. Popat (the Sales Manager of the Plaintiff)
and the 2nd Defendant herein above.
(ii) In so far as it was in writing, the said Agreement was contained
in or can be inferred from the following documents:

(a) Account Statement for the period August 1996 to April 1997.
(b) Delivery notes issued for the period 17 th August, 1996 to 2nd
November, 1996.
(c) Invoices dispatched with the said goods for the period 17 th
August, 1996 to 2nd November, 1996.
(d) Orders in respect of 1120 pieces of Square Twisted Steel Bars
for the period 17th August, 1996 to 2nd November, 1996.
(e) Credit notes dated 2nd November, 1996, 29th August, 1996 and
17th August, 1996 respectively.
(f) Various correspondence exchanged between the Plaintiff and
the 2nd Defendant and a demand notice from the Plaintiff to
the 1st Defendant dated 21st April 1999.

At the hearing of this suit, the Plaintiff shall crave the leave of
the Court to refer to and produce its copies of the said
documents for their full meaning, terms and effect thereof.

(iii) In so far as the said agreement was in conduct, the same
consisted of or is to be inferred from course of dealings
between the parties, whereby:-

(a) The Plaintiff delivered and sold the said goods at the
request of the 2nd Defendant on behalf of the 1st Defendant.

(b) The Plaintiff delivered the said goods to the said project's
construction site.

(c)The 1st and 2nd Defendant acted in a manner that suggested
that they would honour the terms and conditions of the said
agreement and stipulations contained in the documents
aforementioned.

7. To the extent that they are material to this suit, the terms and
conditions of the said agreement included, but were not limited to
the following:-

a) The 1st and 2nd Defendant would place an order for the said goods to
the Plaintiff.

b) Upon receiving an order, the Plaintiff would then prepare a delivery
note and dispatch the same, together with the goods ordered.

c) The price of the said goods was fixed.

d) Payment of the said goods was effected by credit notes or cash
issued by the 1st and 2nd Defendant in favour of the Plaintiff.

8. The Plaintiff and both the Defendants herein, commenced and
continued trading in accordance with the terms of the said
agreement.

9. The said project was subsequently completed. Supply and delivery
of the said goods was made in time and in good faith with the
expectation that the 1st and/or 2nd Defendant would make payment
without any delay once the said project was completed.

10. In flagrant breach to the terms of the said agreement, the 1 st and
2nd Defendants have neglected and/or refused to make good their
part of the said agreement and this despite the Plaintiff forwarding
invoices, statement of accounts and a letter dated 21 st April, 1999 to
the 1st Defendant indicating the outstanding amount on April 1999
as KShs.289,796.30. To date the 1 st and 2nd Defendants have failed
to settle the said amount with the result that the same remains due
and owing to the Plaintiff.

11. Accordingly, the Plaintiff’s claim against the 1st and 2nd
Defendants is for the sum of Kshs.289,796.30 together with interest
thereon at the rate of 3% per month from 30th June, 2000 until
payment in full.

12. Notwithstanding the demand notice dated 29 th September, 1999
having been forwarded to the 1st Defendant and notice of intention
to sue having been given, the 1 st and 2nd Defendants have
neglected, refused and/or otherwise failed to settle the amount due
or any part thereof.

796. 2000 till payment in full to date plus costs. DATED at Nairobi this day of 2000.289. There is no suit pending and there have been no previous proceedings in any Court between the Plaintiff and the Defendants in relation to the above-mentioned matter within the jurisdiction of this Honourable Court. b) Costs of this suit together with interest thereon at such rate and for such period as this Honourable Court may deem fit to order. c) Any other just and equitable relief as this Honourable Court may deem appropriate. from 30th June. This cause of action arose in Nairobi within the jurisdiction of this Honourable Court. REASONS WHEREFORE the Plaintiff prays that judgement be entered against the 1st and 2nd Defendant jointly and severally for: - a) The principal sum of Kshs.13.30 set out in paragraph 11 hereinabove together with interest thereon at the rate 3% per month. . 14.

P.Justice (Rtd) ******.O. P. NAIROBI. Arboretum Drive. P. Afya House. Hon. Box cccccc. TO BE SERVED UPON: (Through the Plaintiff's Advocates Office) 1. O. NAIROBI. Box ******. Advocates. Box 30016. ******. Cathedral Road.****** & COMPANY ADVOCATES FOR THE PLAINTIFF DRAWN AND FILED BY: ****** & Company. NAIROBI. 2. . The Ministry of Health. O.

OF 1997 YYYYYYY. The Plaintiff is an adult male of sound mind residing and working for gain in Nairobi within the Republic of Kenya.. . . .. . .. Plaint breach of sale of land REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. . DEFENDANT PLAINT 1. ... His address of service ..... PLAINTIFF -VERSUS- XXXXXXXXX .

No. Arboretum Drive. 11646/4 (hereinafter referred to as “the said parcel of land”) situate in Rigdgeways. The sum of KShs. Post Office Box Number YYYYYYY. and the Plaintiff agreed to purchase the parcel of land known as L.400. the Defendant was practising as an advocate of the High court of Kenya under the name YYYYYYY & Company Advocates. YYYYYYY. The Defendant is an adult male of sound mind admitted and practising as an advocate of the High Court of Kenya in the name of YYYYYYY and Company Advocates and service of Summons upon the Defendant shall be effected through the Plaintiff’s Advocates’ offices. The Plaintiff will crave the leave of this Honourable .R.000/= as the balance of the purchase price for the said parcel of land.960.000/= being 10% of the purchase price was paid directly to KBL as stakeholder by the Plaintiff leaving the sum of Kshs. 3. for the purposes of this suit is care of YYYYYYY and Company Advocates.4. Nairobi in the sum of KShs.000/=. By an Agreement (hereinafter called “the said Agreement”) made on or before March 1995 between the Plaintiff and Kenya Breweries Limited (hereinafter called “KBL”) KBL agreed to sell to the Plaintiff. At all material times. 2.3.Nairobi. 4. 440.

000/= aforesaid was to be held by the Defendant in trust for the Plaintiff and that the same was to be forwarded by the Defendant to KBL’s Advocates Messrs .960. the Plaintiff orally instructed the Defendant in his capacity as an Advocate of the High court of Kenya to act on his behalf in the purchase and transfer of the said parcel of land from KBL to the Plaintiff which instructions the Defendant duly accepted.on account of the deposit of the Defendant’s legal fees. 6. (ii) KShs. Pursuant to the foregoing. 8. Court at the hearing to refer to the said Agreement for its full tenor.000/= on account of the balance of the purchase price aforesaid. 7. and in pursuance of the said Agreement. 3. On or about 17th May. 3. 1995.30. the Plaintiff in accordance with the Defendant’s instructions paid to the Defendant the following sums of money in May 1995: (i) KShs.960. The said Agreement was varied to the extent that the same was signed by the parties on 8th June 1995. meaning and effect. The Plaintiff avers that it was agreed between the Plaintiff and the Defendant that the sum of KShs. 5.000/.

10th. 9. 10. 3.960. (ii) the interest earned on the sum on the sum of KShs.aforesaid in an interest bearing account pending his completion of the sale and transfer.000/. 1996 respectively . KShs. The Plaintiff avers that it was further expressly and/or impliedly agreed between the Plaintiff and the Defendant inter alia. YYYYYYY Advocates upon the successful registration of the Transfer in favour of the Plaintiff by the Defendant. the Plaintiff wrote various and several letters to the Defendant dated 21st November 1995. 19th and 22nd January. Pursuant to the foregoing and with a view to ascertaining the progress made by the Defendant in respect of the said transfer.960. that: (i) the Defendant would deposit the amount of the balance of the purchase price i. (iii) The balance on the interest earned would be paid to the Defendant. 3.000 aforesaid would be apportioned by the Defendant partly towards the payment of Stamp Duty on the Transfer and partly towards the settlement of the balance of the Defendant’s legal fees.e.

960. Messrs YYYYYYY Advocates. 3. The Plaintiff subsequently reported the matter to the Attorney General. Both the visits and the telephone calls to the Defendants office were to no avail as the Defendant either avoided meeting with the Plaintiff or his wife. The Plaintiff avers that the Defendant did not respond to any of the letters aforesaid. registered the Transfer in his favour. The Attorney General advised the Plaintiff to report the matter to the Complaints Commissioner which the Plaintiff did vide his letter dated ……………… The Plaintiff avers that he was also advised by both the Chief Justice as well as the Complaints Commissioner to seek the . seeking confirmation by the Defendant that he (the Defendant) had inter alia. 11. During this period the Plaintiff and his wife made various visits to the Defendant’s office with a view to trying to meet with him in order to find out not only how far this transaction had progressed but also as he was becoming increasingly worried about the money he had given to the Defendant. 12. The Plaintiff also made numerous telephone calls. or refused and/or avoided taking any telephone calls from either of them. and further that the Defendant had forwarded the balance of the purchase price in the sum of KShs. the Law society of Kenya as well as the Chief Justice.000/= aforesaid to the Vendor’s advocates.

1996 to pursue the purchase and transfer of the said property to its logical conclusion on his behalf. the Plaintiff has suffered loss and damage .960. 3. the Defendant in clear breach of the agreement between himself and the Plaintiff. As a result of not being able to obtain neither his documents nor his money from the Defendant. Further. The Plaintiff avers that the Defendant not only negligently omitted to complete the sale transaction in time or at all but also failed in October 1995 to forward the aforesaid sum of KShs. he retained Messrs YYYYYYY and Company Advocates in April. failed or omitted to place the said monies in an interest bearing account or at all. assistance of the Police as well as instruct another Advocate to assist him to recover the monies paid to the Defendant and finalise the transaction to its logical conclusion respectively. As the Plaintiff was becoming increasingly desperate to complete the sale.000/= to the Vendor’s advocates aforesaid. As a result of the Defendant’s negligence. the Plaintiff was able to discover that the Defendant had received all the necessary documents from Messrs YYYYYYY under their cover letter as early as 16th October. 1995 which documents would have enabled the Defendant to effect the registration of the Transfer in favour of the Plaintiff in October 1995. 13. 14.

1. (d) The sum of KShs. (c) The sum of KShs.000/= being interest earned on the said sum of KShs.320/= made up as follows: (a) The sum of KShs.960.000/= being the cost of faxes and telephone calls made by the Plaintiff to the Defendant in his futile attempts to recover the said deposits from the Defendant between the months of July 1995 and June 1996. 1996 at the rate of 20% per annum.112.60.254.792.000/= for the period between the 17th May 1995 and 10th June.000/= being the total rents payable to KBL by the Plaintiff at the rate of K.32. (b) The sum of KShs.260. PARTICULARS OF LOSS AND DAMAGE The Plaintiff claims from the Defendant the total sum of KShs.3. 1996 which rent the Plaintiff would not have incurred had the Defendant expeditiously registered the Transfer in favour of the Plaintiff and .500/= per month for the period between 16th October.Shs. 1995 and 13th June. 320/= being the Plaintiff’s total cost of transportation both by air and by road between Mombasa and Nairobi between July 1995 and June 1996 for purposes of meeting the Defendant and to check on the general progress made by the Defendant on the transaction.

000/= without any success. the Plaintiff avers that the Defendant has been guilty of professional negligence in his capacity as advocate for the Plaintiff. (e) The sum of KShs. 30. the Defendant gave him a bankers cheque for Kshs.000/= or any part thereof or at all to KBL’s advocates Messrs YYYYYYY within a reasonable time. forwarded the balance of the Purchase price to the Vendor’s advocates aforesaid.960. 3. 15. In the circumstances. PARTICULARS OF THE DEFENDANT’S PROFESSIONAL NEGLIGENCE (a) Failing to pay the said sum of KShs.960.960.3.000/= on 6th June. . The Plaintiff subsequently reported the matter to the Police as a result of which the Defendant was arrested by the Criminal Investigation Department officers.3.000/= being deposit paid to the Defendant in respect of legal fees. The Plaintiff avers that two days after the arrest aforesaid. The Plaintiff avers that he made numerous requests to the Defendant to release to him the aforesaid sum of KShs. 1996 without any interest thereon.

to deposit the said sum of K. And the Plaintiff also claims general damages for the anxiety and suffering to which he was put by the Defendant.000/= nor account for the same to the Plaintiff. 3.000/= or any part thereof in an interest bearing account.(b) Failing to register the Transfer in favour of the Plaintiff within a reasonable time or at all.3.960.000/= in trust for the purposes of the said transaction.960.Shs. (e) Failing to surrender the interest earned on the said sum of KShs. inconvenience and peril. (g) Failing to respond to the Plaintiff’s various correspondences and telephone calls in pursuance of the aforesaid transaction.3.960. . (c) Failing to act expeditiously towards the completion of the transaction on behalf of the plaintiff as contractually agreed between the Plaintiff and himself or at all. anxiety. as agreed between the two parties.000/= to his unlawful.Shs. (d) Failing to hold the said sum of KShs.960. (h) Putting the said deposit of K. detriment. personal and unauthorised use thereby placing the Plaintiff in undue hardship. 3. (f) Failing.

YYYYYYY AND COMPANY ADVOCATES FOR THE PLAINTIFF DRAWN AND FILED BY: YYYYYYY and Company Advocates YYYYYYY Arboretum Drive P O Box YYYYYYY NAIROBI . (e) Any other or further relief that this Honourable Court may deem fit to grant. (c) Interest on (a).14. (b) and (d) above at the rate of 20% per annum. the Defendants have failed. 1.254.300/-. (b) General Damages for anxiety and suffering. DATED at Nairobi this day of 1998. (d) Costs of this suit. 15. REASONS WHEREFORE The Plaintiff prays for judgment against the Defendant in the following terms : (a) Special Damages in the sum of KShs. Despite demand having been made and intention to sue having been given. The cause of action arose at Nairobi within the jurisdiction of this Honourable Court. refused and/or ignored to settle the Plaintiff’s claim.

...…... BBBBBBBB Advocates........TO BE SERVED UPON: (Thro’ the Plaintiff’s Advocates’ Offices) YYYYYYY. Box KKKKK............ P.2ND DEFENDANT CHAMBER SUMMONS (EX-PARTE) .....……...….... Summons Third Party Application Order 1 rule 4 REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NUMBER pppppppppp OF 2001 WWWWWWWWWWWW…………...………PLAINTIFF VERSUS NNNNNNNNNNNNN………………...... O........... NAIROBI.........……….................1ST DEFENDANT KKKKKKKKKKKK OF KENYA………..

AND WHICH APPLICATION is further grounded on the annexed Affidavit of N.00 O'clock in the forenoon or soon thereafter so as Counsel for the 2 nd Defendant/Applicant may be heard on an Application for ORDERS:- 1. LLLLLLLLLLLL & COMPANY ADVOCATES FOR THE 2ND DEFENDANT . KKKKKKKKKKKK and such other or further grounds as may be adduced at the hearing hereof. 2. WHICH APPLICATION is based on the following grounds: - 1. DATED at NAIROBI this day of 2002. THAT the 2nd Defendant/Applicant be granted leave to issue and serve a Third Party Notice upon KKKKKKKKKKKK Transporters and Wheelbase Limited as per the annexed draft Third Party Notice marked “A”. That the 2nd Defendant will seek indemnity and/or contribution from the proposed Third Parties for any liability that may be found accruing from the 2nd Defendant to the Plaintiff. That it is in the interests of justice that the proposed Third Parties be joined to facilitate the determination of the issue of liability. 2. LET ALL PARTIES concerned attend before the Honourable Magistrate in Chambers on the day of 2002 at 9. D. THAT the costs of this application be provided for.

P. 00100 NAIROBI. such order will be made and proceedings taken as the Court may deem just and expedient" . Box LLLLLLLLLLLL. DRAWN & FILED BY:- LLLLLLLLLLLL & Company Advocates. LLLLLLLLLLLLetum Drive. “If any party does not appear at the time and place abovementioned.O. LLLLLLLLLLLL House.

... I am duly authorised and competent to swear this Affidavit on the said company's behalf. which company is the 2nd Defendant in this suit.….2ND DEFENDANT SUPPORTING AFFIDAVIT I.. through its Advocates.. 2... KKKKKKKKKKKK residing along Brookside Drive Nairobi and of Post Office Box Number 30831 Nairobi in the Republic of Kenya do make oath and solemnly state as follows:- 1....... THAT I am the Chief Executive Officer of KKKKKKKKKKKK Limited ("the Defendant").......... REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NUMBER pppppppppp OF 2001 WWWWWWWWWWWW………….. D.... 3......... Pursuant thereto.. THAT in my aforesaid capacity..…..……... 2001..... the Plaintiff...………PLAINTIFF VERSUS NNNNNNNNNNNNN………………............. 2001. N..………. Ng’eno Wangalwa & Company Advocates instituted a suit against the Defendants by filing a Plaint on 7 th December.....1ST DEFENDANT KKKKKKKKKKKK OF KENYA………... ... THAT on the 7th December... Messrs.....

the logbook and a blank executed transfer form for the said Motor vehicle KKKKKKKKKKKK 842 Annexed herewith and marked "NDC1" are true copies of the Decree in HCCC KKKKKKKKKKKK of 2001 and a file copy of a letter written by the 2nd Defendant and accepted by Wheelbase Limited. THAT the 2nd Defendant. the 2nd Defendant entered appearance on 20th December. THAT in the said Defence. The 2nd defendant was therefore not the true owner of the said Motor vehicle at all material times as alleged. one of the proposed Third Parties. has transferred to Wheelbase Limited. 4. LLLLLLLLLLLL & Company. 2001 in Milimani HCCC KKKKKKKKKKKK of 2001. pursuant to Consent Order recorded on 29th May. the 2nd Defendant has further averred in the alternative and without any prejudice whatsoever to any of the foregoing matters therein. 6. 5. the 2nd Defendant has further averred that it has been wrongfully sued and should not be party to this suit. the 2nd Defendant has averred that it is not liable for the damages and costs arising out of the alleged accident caused by Motor Vehicle Registration Number KKKKKKKKKKKK842C ("the said motor vehicle”) or any part thereof or at all. . Advocates. 2002 through its advocates on record. that it was only registered as owner of the said Motor Vehicle only by virtue of being a re-financier to Wheelbase Limited and KKKKKKKKKKKK Transporters who were the true owners of the Motor vehicle. THAT in the said Defence. THAT in the said Defence. 2001 and filed its Defence on 9th January. 7.

whose advise I verily believe to be true that Wheelbase Limited and KKKKKKKKKKKK Transporters are proper parties to be joined in this suit. Advocates. THAT having received the transfer forms and the logbook for motor vehicle registration number KKKKKKKKKKKK 842 and since the 2nd Defendant has never had actual possession of the motor vehicle. 11. LLLLLLLLLLLL & Company. Messrs. D. KKKKKKKKKKK ) ) at Nairobi this day of 2002 ) ) .8. 9. 12. the rightful and lawful owners of the said Motor vehicle and especially at the time of the said accident. THAT I swear this Affidavit in support of the Application herein for leave to issue and serve a Third Party Notice upon Wheelbase Limited and KKKKKKKKKKKK Transporters. THAT what is deponed to hereinabove is true to the best of my knowledge and belief. the 2nd Defendant has wrongly been sued by the Plaintiff. THAT I am advised by the Advocates on record for the 2 nd Defendant. the 2 nd Defendant properly claims indemnity and contribution from the proposed Third Parties since the said Third Parties were at all material times. THAT further to paragraph 8 hereinabove. 10. it is clear that the proposed Third Parties are necessary parties to this suit. THAT in view of the foregoing. 12. SWORN by the said N.

. ) BEFORE ME ) ) ) COMMISSIONER FOR OATHS ) DRAWN AND FILED BY:- LLLLLLLLLLLL and Company Advocates.

…......…...………PLAINTIFF VERSUS NNNNNNNNNNNNN………………....... REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NUMBER pppppppppp OF 2001 WWWWWWWWWWWW…………... In it. TAKE NOTICE that this action has been brought by the Plaintiff against the 2 nd Defendant.................……….... the 2nd Defendant claims that it is entitled to indemnity and/or ....2ND DEFENDANT THIRD PARTY NOTICE (Order 1 Rule 14 of the Civil Procedure Rules) Issued pursuant to an Order of the Court dated 29th April.......……..1ST DEFENDANT KKKKKKKKKKKK OF KENYA……….. The 2nd Defendant disputes the Plaintiff’s claim on the grounds set out in the Defence but in the event of his being held liable to the Plaintiff.......... the Plaintiff claims against the 2 nd Defendant in accordance with the attached Plaint................. 2002 TO WWWWWWWW LIMITED NAIROBI KKKKKKKKKKKK TRANSPORTERS NAIROBI.....

the subject matter of this suit by virtue of the accident that it caused as more specifically explained and or averred in the Plaint. you must appear within 15 days after the service of this Notice on yourselves. the costs that will be incurred by the 2 nd Defendant in defending the Plaintiff’s claim herein and the costs of these Third Party Proceedings. AND FURTHER TAKE NOTICE that if you wish to dispute the Plaintiff’s claim against the 2nd Defendant or the 2nd Defendant’s claim against yourselves.contribution on the grounds. . P O Box LLLLLLLLLLLL. costs and interest that may be awarded to the Plaintiff. LLLLLLLLLLLL & COMPANY ADVOCATES FOR THE 2ND DEFENDANT DRAWN AND FILED BY LLLLLLLLLLLL and Company Advocates. LLLLLLLLLLLL House. NAIROBI. otherwise you will be taken to admit the Plaintiff’s claim against the 2nd Defendant and the 2nd Defendant’s claim against you and you will be bound by any Judgment given in this suit. LLLLLLLLLLLLetum Drive. DATED at Nairobi this day of 2002. that you are the lawful owners of the Motor Vehicle Registration Number KKKKKKKKKKKK842C. inclusive of the date of service. inter alia. FURTHER TAKE NOTICE that the 2nd Defendant claims to be indemnified against liability for any damages.

Summons amendment of defence .... . .REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT CIVIL CASE NO.2ND DEFENDANT RRRRRRR.... .. . .. . .. for the hearing of an application by the Counsel for the 1 st Defendant/Applicant FOR ORDERS :- 1.. . . 5.... . .. . .. Section 3A of the Civil Procedure Act and all other enabling provisions of the law) LET ALL PARTIES CONCERNED attend the Judge in chambers on the day of 2001 at O’clock in the forenoon or so soon thereafter.. 2000 as per the draft annexed hereto. . . ..1ST DEFENDANT ... . . .. . 7 and 8 of the Civil Procedure Rules. OF 2000 MAHIU BANK LIMITED.r..PLAINTIFF -VERSUS- MAHIU BANK LIMITED....3RD DEFENDANT CHAMBER SUMMONS (Under Order VIA Rule 3(1( (5) . . . . THAT the 1st Defendant/Applicant be granted leave to amend its Defence filed herein on 2nd June.

3. THAT the Plaintiff/Respondent be at liberty to file a Reply to Defence if it so wishes. 4. The proposed amendments are further necessitated by information relevant for the fair and just determination of the real questions in controversy in this suit which came to the 1 st Defendant/Applicant’s knowledge subsequent to the filing of the 1 st Defendant / Applicant’s Defence. WHICH APPLICATION is based on the grounds THAT :- 1. THAT the costs of this application be costs in the cause. The proposed amendments will not occasion any prejudice to the Plaintiff/Respondent . 3. The proposed amendments are intended to bring before this Honourable Court the real matters in controversy between the parties herein so that the same are determined on their true and substantive merits 2. THAT the Amended Defence annexed hereto be treated as the 1 st Defendant/Applicant’s Defence and that the same be deemed as having been duly filed and served. The time allowed under the Civil Procedure Act and the Civil Procedure Rules for amendment of pleadings has since expired 4.2.

Box MMMMM TO BE SERVED UPON: MWEU’ & Co. Advocates Kencom 1st Floor. Room . DATED at this day of 2001 MWEWE AND COMPANY ADVOCATES FOR THE 1ST DEFENDANT/APPLICANT DRAWN AND FILED BY: MWEWE &Company Advocates MWEU MWEUetum Drive P.O. It is therefore in the interest of justice that the 1st Defendant/Applicant should be granted leave to amend its Defence filed herein AND WHICH APPLICATION is further supported by the annexed Affidavit of AYAZ MERALI and on such other grounds and reasons as may be adduced at the hearing hereof. The proposed amendments arise out of the same facts or substantially the same facts in respect of which relief is claimed by the Plaintiff/Respondent in this suit.5. 6.

O.City Hall Way P. Box MMMMM Advocate International Life 4th floor Mama Ngina Street P. “ If any party served does not appear at the time and place above- mentioned such order will be made and proceedings taken as the court may think just and expedient.” . box MMMMM . O.

. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT CIVIL CASE NO. . . 2. . .PLAINTIFF/RESPONDENT -VERSUS- MAHIU BANK LIMITED... Box 14001 in the Republic of Kenya do make oath and solemnly state as follows: 1. . OF 2000 MAHIU BANK LIMITED. . THAT however.3RD DEFENDANT/ RESPONDENT AFFIDAVIT I of P. subsequent to the filing of the Applicant’s Defence herein. respectively. I was unable to contact the 2nd and 3rd Defendants/Respondents.. THAT prior to the filing of the Applicant’s Defence .... I have full knowledge and information concerning this suit and as such I am duly authorised by the Applicant to make this Affidavit on its behalf.. 3. . ... . I met with the 2nd Defendant/Respondent(“the 2nd Respondent”) to discuss the matters in respect hereof and the 2 nd Respondent ... .. .O..2ND DEFENDANT/ RESPONDENT RRRRRRR. . so as to discuss the matters in respect hereof. .. THAT I am a Director and the Managing Director of the 1 st Defendant/Applicant (“ the Applicant ”).. ..1ST DEFENDANT/APPLICANT .

THAT the proposed amendments stem from the same facts or substantially the same facts in respect of which relief is claimed by the Plaintiff/Respondent in this suit. THAT I verily believe that it is in the interest of justice that the Defendant should be granted leave to amend its Defence herein. THAT the proposed amendments will not occasion any prejudice to the Plaintiff /Respondent 7. before this matter can be set down for hearing. THAT the proposed amendments are contained in the Draft Amended Defence annexed at the exhibit hereto marked as “AM1” 6. particulars whereof are relevant for the fair and just determination of the issues in controversy of the suit herein. THAT I am duly advised by my Advocates on record herein. supplied me with the certain information. THAT it is therefore necessary for the Applicant to amend its Defence so as to bring before this Honourable Court the said information which is necessary for the effectual and complete adjudication of the real questions in controversy on their true and substantive merits 5. Messrs. MWEWE & Company and which advice I verily believe to be true that the time allowed under the Civil Procedure Act and the Civil Procedure Rules for amendment of pleadings has since expired 9. 4. so as to bring to fore the real matters in controversy between the parties. 8. .

O.10. 11.Box MMMMM TO BE SERVED UPON: MWEU’ & Co. Room City Hall Way P. Advocates Kencom 1st Floor. SWORN at ) this day of 2001 ) by the said ) ) BEFORE ME ) ) COMMISSIONER FOR OATHS ) DRAWN AND FILED BY: MWEWE &Company Advocates MWEU ) MWEUetum Drive P. Box MMMMM . THAT in all the circumstances of this case and for the ends of justice in this case to be met.O. THAT what is deponed hereinabove is true to the best of my knowledge save as to matters deponed to on information sources whereof have been disclosed and matters deponed to on belief grounds whereupon have been given. the orders sought in the application to amend the Applicant’s Defence herein in support whereof I swear this Affidavit. ought to be granted.

Advocate International Life 4th floor Mama Ngina Street P. . box MMMMM . O.

.. 2 ND DEFENDANT FFFFF . 5. ... ... OF 1999 KIFARU SIMBA BANK LIMITED ... ...... .. . . 3RD DEFENDANT CHAMBER SUMMONS (Under Order VIA Rule 3(1).. . . 1ST DEFENDANT TTTT. .. .. . .. . . . THAT the Plaintiff be allowed to amend its Plaint filed herein on 20th April 1999. Summons amendment of plaint REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO.. . PLAINTIFF -V E R S U S- PAKA LIMITED (under receivership). .. . as per the draft annexed hereto... 7 and 8 of the Civil Procedure Rules... . Section 3A of the Civil Procedure Act and all other enabling provisions of the law) LET ALL PARTIES CONCERNED attend the Judge in chambers on the day of 2000 at O’clock in the forenoon or so soon thereafter. . . for the hearing of an application by the Counsel for the Plaintiff FOR ORDERS :- 5.. .

b) Further. . which increase is not reflected in the amount sought to be recovered from the Defendants as per the Plaint. and in pursuance of the Ruling on the Plaintiff’s summary judgement application delivered on 1 st December 1999 by the Honourable Justice Onyango Otieno. THAT the Defendants be at liberty to amend Defences within 14 days thereafter if they so wish. THAT the costs of this application be costs in the cause. an auction on the charged property was held on 7th September 2000. c) The time allowed under the Civil Procedure Act and the Civil Procedure Rules for amendment of pleadings has since expired. WHICH APPLICATION is based on the grounds that:- a) Since the filing of the Plaint. This fact together with what transpired at the auction need to be included in the Plaint and the Plaintiff seeks leave to do so. 7. since the filing of the Plaint. THAT the Amended Plaint annexed hereto be treated as the Plaintiff’s Amended Plaint and that the same be deemed as having been duly filed and served.6. the amount payable to the Plaintiff bank in terms of interest has increased considerably. 8.

O.d) The proposed amendments are intended to bring before this Honourable Court the real matters in dispute between the parties herein. and on such other grounds and reasons as may be adduced at the hearing hereof. DATED at Nairobi this day of 2000. e) The proposed amendments will not occasion any prejudice to the Defendants. FFFFF AND COMPANY ADVOCATES FOR THE PLAINTIFF/APPLICANT DRAWN AND FILED BY: Fffff and Company Advocates Fffff (Our Ref: FFFFF) Arboretum Drive P. Box fffff NAIROBI TO BE SERVED UPON Tttt Advocate Central Square . AND WHICH APPLICATION is based on the annexed Affidavit of MODALI TTTT SASTRY.

. DEFENDANT/APPLICANT CHAMBER SUMMONS (Section 6 of the Arbitration Act 1995..” Summons arbitration REPUBLIC OF KENYA IN THE CHIEF MAGISTRATE’S COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) CIVIL CASE NUMBER EJ fffff OF xxxx FFFFF WATER WELL (K) LIMITED.P. PLAINTIFF/RESPONDENT VERSUS FLO FLOWERS LIMITED.. Box tttt KISUMU “ If any party served does not appear at the time and place above-mentioned such order will be made and proceedings taken as the court may think just and expedient.. . . . 1997.. Rule 2 of the Arbitration Rules.. . . Section 3A of the Civil Procedure Act.. and all other enabling provisions of law) LET ALL PARTIES concerned attend the Honourable Magistrate in Chambers at Milimani Commercial Courts on the day of xxxx in the forenoon or so soon thereafter as counsel for the Defendant/ Applicant may be heard on an application for ORDERS :- ....O. . Chapter 21 of the Laws of Kenya.

3. WHICH APPLICATION is based on the grounds THAT: - 1. THAT the dispute between the parties be referred to arbitration.181. 3. .1. as per the specifications and conditions contained in the said Agreement. inter alia. 2. drill. 4. THAT the costs of this application be awarded to the Defendant /Applicant against the Plaintiff/ Respondent.00. 2. 1999 entered into a Drilling Agreement (hereinafter called “the Agreement” ) whereby the Plaintiff/Respondent was contracted by the Defendant/Applicant to.000. install and test pump one borehole at the Defendant/Applicant’s farm at Flo for a contract sum of Kshs. THAT the Defendant/Applicant be at liberty to apply for such further or other orders and/or directions as this Honourable Court may deem fit and just to grant in the circumstances. THAT there be a stay of all proceedings herein pending arbitration. 1. The parties hereto on 6th of February. This suit has been instituted by the Plaintiff/Respondent in violation of the Agreement and prematurely without the dispute being referred to arbitration as stipulated by clause 14 thereof. Clause 14 of the Agreement stipulated that any dispute or difference arising therefrom shall be referred to arbitration.

By virtue of the Agreement the parties hereto have agreed and are bound to proceed to arbitration on matters in dispute arising therefrom. `` AND COMPANY . 8. 7.4. None of those exceptions apply to this suit. willing and able to proceed to Arbitration on any dispute arising from the parties as stipulated in the Agreement. That this application ought to be granted in the interests of equity and justice AND WHICH APPLICATION is supported by the annexed Affidavit of gggggggggANJI and on such other or further grounds as may be adduced at the hearing hereof. Section 6 of the Arbitration Act 1995 (hereinafter called "the Act") empowers the Court before which proceedings are brought in a matter which is subject to an arbitration agreement. DATED at Nairobi this day of xxxx. 6. Section 6 (1) of the Act further provides that the Court shall grant a stay of legal proceedings subject to the exceptions set out therein. 5. to stay the proceedings and refer the parties to arbitration. The Defendant/Applicant is ready.

. . 4th Floor Mama Ngina Street P. XXXX OF 1999 RRRRRR.. Box lp er NAIROBI." Summons committal to civil jail REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC CIVIL APPLICATION NO.O... Box fffff NAIROBI. such order will be made and proceedings taken as the Court may think just and expedient. "If any Party served does not appear at the time and place above- mentioned. 1ST PLAINTIFF/APPLICANT . . . O. ADVOCATES FOR THE DEFENDANT/APPLICANT DRAWN & FILED BY:- Muthukoe & Company Advocates Fffff Arboretum Drive P.J Kakad & Company Advocates Jubilee Place.. (Ref: Fffff) TO BE SERVED UPON:- P.

.. KKKKKKK AND TTTTTT FOR AN ORDER OF COMMITTAL CERTIFICATE OF URGENCY (Practice Note of 31st May.KKKKKKK. 1999 and the Plaintiffs/Applicants have consequently been subjected to great loss and harm. . . 2ND PLAINTIFF/APPLICANT TTTTTT.. . XXXX & COMPANY ADVOCATES FOR THE PLAINTIFFS/APPLICANTS . DATED at Nairobi this day of 2000. 3RD PLAINTIFF /APPLICANT VERSUS XXXX TOWN COUNCIL. ..... . .. DEFENDANT/RESPONDENT IN THE MATTER OF AN APPLICATION ON BEHALF OF RRRRRR. and continues to flout and disobey the Order of this Honourable Court granted on 4th November.. . Advocates who have the conduct of this suit on behalf of the Plaintiffs/Applicants certify that the Chamber Summons filed herein and annexed hereto is most urgent requiring to be placed before the Honourable Duty Judge at the earliest opportunity as the Defendant /Respondent has blatantly flouted.. 1984) We XXXX AND COMPANY . ...

DRAWN AND FILED BY XXXX & Company Advocates Tttttt Arboretum P. . O. Box XXXX () Nairobi.

for this Court to grant leave to the Applicants for:- 1.. .00 O’clock in the forenoon or so soon thereafter on the hearing of an application on behalf of RRRRRR. KKKKKKK AND TTTTTT FOR AN ORDER OF COMMITTAL EX PARTE CHAMBER SUMMONS (Section 5 of the Judicature Act. . . KKKKKKK and TTTTTT. DEFENDANT /RESPONDENT IN THE MATTER OF AN APPLICATION ON BEHALF OF RRRRRR. XXXX OF 1999 RRRRRR. .. . ...3RD PLAINTIFF /APPLICANT VERSUS XXXX TOWN COUNCIL...... Order 52 Rules of the Supreme Court of England 1965. Section 3A of the Civil Procedure Act . .2ND PLAINTIFF/APPLICANT TTTTTT. . . 8 Laws of Kenya.. the Plaintiffs/Applicants herein . 1ST PLAINTIFF /APPLICANT KKKKKKK.. . . . .. cap 21 of the Laws of Kenya) LET ALL PARTIES CONCERNED attend the Learned Judge in Chambers on the day of 2000 at 9... An order of committal to be made against the Town Clerk to the XXXX Urban Council to prison for such period and time as this . Cap. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC CIVIL APPLICATION NO..

ii) Ordering the Respondent to comply with the said Order within thirty days from the date of the Ruling iii) Ordering the Applicants to pay the costs of the said Application. 1999 .00 which sum is payable under the Decree and Certificates of Taxation issued in HCCC Nos. . inter alia. 1997 and 29th October. 1997. 2.972. XXXX & COMPANY ADVOCATES FOR THE PLAINTIFFS/APPLICANTS DRAWN AND FILED BY: XXXX & Company Advocates Tttttt . the Affidavit sworn by Rrrrrr and on such other or further reasons as may be adduced at the hearing hereof . WHICH APPLICATION is supported by the annexed STATEMENT. :- i) compelling the Town clerk to the XXXX Urban Council to pay the Applicants the sum of Kshs. and of 1981 (Consolidated ) on 17th July. Honourable Court may deem fit and just in that the said Town Clerk has disobeyed the Order made herein on 4 th November.727. respectively. DATED at Nairobi this day of 2000.

.3RD PLAINTIFF /APPLICANT VERSUS XXXX TOWN COUNCIL. . Kkkkkkk and James Kimomo. REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISC CIVIL APPLICATION NO. 1ST PLAINTIFF /APPLICANT KKKKKKK. Box XXXX () Nairobi.2ND PLAINTIFF/APPLICANT TTTTTT. DEFENDANT /RESPONDENT IN THE MATTER OF AN APPLICATION ON BEHALF OF RRRRRR. . . .. . .. .. male adults of sound mind ... . .Arboretum P. . Rules of the Supreme Court of England... . KKKKKKK AND TTTTTT FOR AN ORDER OF COMMITTAL STATEMENT (Pursuant to Order 52 Rule 2 . .O. XXXX OF 1999 RRRRRR.. The names and descriptions of the Applicants are Rrrrrr..... 1965) 1..

Kangundo.2. The name description and address of the person sought to be committed is Elijah M. 1997 and 29th October. ii) Ordering the Respondent to comply with the said Order within thirty days from the date of the Ruling iii) Ordering the Respondent to pay the costs of the said Application. DATED at Nairobi this day of 2000. O. 3.727. .00 which sum is payable under the Decree and Certificates of Taxation issued in HCCC Nos. Tala.972. 1999. inter alia. i) compelling the Town clerk to the XXXX Urban Council to pay the Applicants the sum of Kshs. Box . The grounds on which committal to prison is sought is that the Town Clerk to the XXXX Urban Council has disobeyed the Order made herein by this Honourable Court on 4 th November. residing and working for gain in XXXX within the Republic of Kenya 2. and of 1981(Consolidated ) on 17 th July. A. respectively. XXXX & COMPANY . 1997. a male adult residing and working for gain in the Republic aforesaid and of P. Mutambuki the town Clerk to the XXXX Urban Council.

TT OF 2001 XXXXXXXXXXXXXXX……………. O..PLAINTIFF/RESPONDENT VERSUS YYYYYYYYYYYYYYY……………………………DEFENDANT/APPLICANT . Box XXXX (Ref.: ) Nairobi. ADVOCATES FOR THE PLAINTIFFS/APPLICANTS DRAWN AND FILED BY XXXX & Company Advocates Tttttt Arboretum P. Striking Out Plaint-Order 6 Rule 13 REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO..

THAT the Plaint filed herein by the Plaintiff/Respondent (“the Respondent”) be struck out. THAT in the result the suit against the Applicant be dismissed with costs to the Applicant. frivolous and vexatious (c) The suit is otherwise an abuse of the process of the Court and should be dismissed with costs to the Defendants. (b) The suit is scandalous. ON THE GROUNDS that: - (a) The Respondent has no claim against the Applicant as there is and/or was no privity of contract between the Applicant and the Respondent either express or implied or at all. 2. section 3A of the Civil Procedure Act and all other enabling provisions of the law) LET ALL PARTIES CONCERNED attend the Honourable Judge in Chambers on the day of 2002 at 9 O'clock in the forenoon or so soon thereafter for the hearing of an application by Counsel for the Defendant/Applicant (“the Applicant”) for ORDERS:- 1. . CHAMBER SUMMONS (Under Order VI rule 13(1) (b) & (d) of the Civil Procedure Rules.

” . it is in the interests of justice that the same should be struck out.O Box THIKA NOTE: “If any party served does not appear at the time and place above mentioned such order will be made and proceedings taken as the court may think just and expedient.(d) In the circumstances. DATED at Nairobi this day of 2002. WHICH APPLICATION is grounded on the annexed Affidavit of MMMMMM and on such other grounds as may be adduced at the hearing hereof. VVVVVVVVV AND COMPANY ADVOCATES FOR THE DEFENDANT/APPLICANT DRAWN AND FILED BY:- VVVVVVVV and Company Advocates NAIROBI TO BE SERVED UPON Xxxxxxxxxxxxxxx P.