FACTS

Your law firm is representing Regina Elizabeth in a matter in which she was
occasioned grievous bodily injuries when she was hit on the 31/07/2018 by motor
vehicle registration number KCZH 1883M that was being driven by a Mr John Borne.

Your firm filed a civil suit number 196 of 2019 at the courts on the 6/05/2019
seeking for damages amounting to Kshs.8,926,000 for the injuries she sustained
through a Plaint and served the summons upon Mr John Borne as the Defendant, as
he was noted to be the owner of the car on the police abstract recording the
incident.

On 8/07/2019 your advocates on record filed an amended plaint for the purpose of
including the particulars of injuries and special damages. The Defendant’s advocates
on record duly filed their defence on 22/07/2019 and indicated that that the
Defendant was not the registered owner of motor vehicle registration Number KCZH
1883M.

Your advocates thereafter undertook a search on the NTSA portal and discovered
that the vehicle was registered in the name of THE RICH CO. (EA) LTD.

Undertake to draft the necessary court proceedings that will address the situation in
the above suit.
 THE REPUBLIC OF KENYA
IN THE MAGISTRATES COURT AT MILIMANI

IN THE PRINCIPAL MAGISTRATE’S COURT

CIVIL SUIT NO. 196 OF 2019

REGINA ELIZABETH………………………………… PLAINTIFF/APPLICANT

-versus-

JOHN BORNE……………………………….. DEFENDANT/RESPONDENT

THE RICH CO. (E.A.) LTD. ………………..….. INTENDED 2ND DEFENDANT

CHAMBER SUMMONS

(Under Section 3A of the Civil Procedure Act, Order 1 rule 10(2), (4), 14, Order 8
rule 3, 5 and 8 of the Civil Procedure Rules)

LET ALL PARTIES concerned attend the Honourable Magistrate in Chambers on

the………..day of ……………, 2020 at 9.00 O’clock in the forenoon or soon thereafter
for the hearing of an application by counsel for the Plaintiff/Applicant for Orders:-

1. THAT the Plaintiff/Applicant be granted leave to join THE RICH CO. (E.A.)
LTD as a party to this suit as set out in the draft Further Amended Plaint.

2. THAT the draft Further Amended Plaint annexed hereto be deemed as filed
and Summons to enter Appearance against the intended 2nd Defendant do
issue for service upon it.

3. THAT costs be in the cause.

WHICH APPLICATION is based on the GROUNDS:

a) THAT as per the records from the Registrar of motor vehicles, motor vehicle
registration no. KCZH 1883M is actually owned by the Intended 2nd Defendant.

b) THAT the Respondent herein is a director, agent, driver of the Intended 2 nd

Defendant.

c) THAT the Intended 2nd Defendant is held vicariously liable for the acts or
omissions of the Respondent herein.

WHICH APPLICATION is supported by the Affidavit of OTOYO OBAMBLA on the

following grounds and other grounds to be adduced at the hearing hereof
DATED at NAIROBI this…………day of ………….., 2020.

SPICK SPAN & COMPANY

ADVOCATES FOR THE PLAINTIFF/APPLICANT

DRAWN & FILED BY:-

SPICK SPAN & COMPANY

ADVOCATES
8TH FLOOR, HAZINA TOWERS
MONROVIA STREET
P. O. BOX 1234
NAIROBI

TO BE SERVED UPON:-

1. MATHENGE & MUCHEMI ADVOCATES

HUGHES BUILDING, 1ST FLOOR - Your Ref: (U/32/4354/97/WB)
KENYATTA AVENUE
NAIROBI

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”.

THE REPUBLIC OF KENYA

IN THE MAGISTRATE’S COURT AT MILIMANI

IN THE PRINCIPAL MAGISTRATE’S COURT

CIVIL SUIT NO. 196 OF 2020

REGINA ELIZABETH………………………………… PLAINTIFF/APPLICANT

-versus-

JOHN BORNE……………………………….. DEFENDANT/RESPONDENT

THE RICH CO. (E.A.) LTD. ……….. INTENDED 2ND DEFENDANT

SUPPORTING AFFIDAVIT

I OTOYO OBAMBLA of P. O. Box 1234 Nairobi, in the Republic of Kenya do hereby

make oath and state as follows:
1. THAT I am the Plaintiff/Applicant herein and therefore competent to swear
this affidavit

2. THAT on 6/05/2019 I filed suit against the Defendant herein claiming special
and general damages arising from a road traffic accident that occurred on
31/07/2018 wherein I was hit by motor vehicle registration No. KCZH 1883M
driven by the Defendant herein.

3. THAT on the strength of the police abstract my advocates on record indicated

in my suit that the said motor vehicle was owned by the Defendant herein

4. THAT on 8/07/2019 my advocates on record filed an amended plaint for the

purpose of including the particulars of injuries and special damages.

5. THAT the Defendant’s advocates on record duly filed their defence on

22/07/2019 wherein they averred inter alia that Defendant herein was not the
registered owner of motor vehicle registration Number KCZH 1883M.

6. THAT on perusing the said defence, my advocates on record conducted a

search on the National Transport Safety Authority (NTSA) portal to confirm
the registered owner of motor vehicle KCZH 1883M.

7. THAT the portal elicited a result that confirmed that the vehicle is owned by
THE RICH CO. (E.A) LTD. ( Annexed hereto and marked “OB-1” is a true copy
of the said search result record).

8. THAT it is therefore evident that the Defendant herein is either a director,

servant, and/or agent of The Rich Co. (E.A) LTD and hence the company
should be held vicariously liable for the acts and or omissions of the
Defendant herein.

9. THAT I verily belief that is necessary to have The Rich Co. (E A) Ltd joined as
a defendant so as to determine the issues herein effectively.

10. THAT I swear this affidavit praying that this Honourable court be pleased to
grant me leave to join The Rich CO. (E.A) LTD as a 2 nd Defendant to this suit
and that the further amended Plaint herein be deemed as filed and Court
Summons and further amended Plaint do issue for service upon the Intended
2nd Defendant. (Annexed hereto and marked “OB-2” is the draft of the
further amended plaint).

11. THAT save where the information is from a source that is disclosed, what is
deponed herein is true to the best of my knowledge, information and belief.

SWORN by the said )

OTOYO OBAMBLA at Nairobi ) ………………………………..
)
This………..day of…………..2020 ) DEPONENT
)
 )
BEFORE ME )
)
)
)
)
)
)
COMMISSIONER FOR OATHS )
 THE REPUBLIC OF KENYA
IN THE MAGISTRATE’S COURT AT MILIMANI

IN THE PRINCIPAL MAGISTRATE’S COURT

CIVIL SUIT NO. 196 OF 2020

REGINA ELIZABETH ……………………………………………………………………… PLAINTIFF

-versus-

JOHN BORNE……..…………………………………………………………….... 1st DEFENDANT

THE RICH CO. (E.A.) LTD. ……………………………………………….... 2nd DEFENDANT

FURTHER AMENDED PLAINT

1. The Plaintiff is a resident in Nairobi and whose address for service shall be
care of M/S Spick span & Company Advocates, 8 th Floor, Hazina Towers,
Monrovia Street, P. O. Box Number 1234, Nairobi.

2. The 1st Defendant is a resident of Nairobi. (Service shall be effected through

the Plaintiff’s Advocates’ Office)

2.A The 2nd Defendant is a limited liability company incorporated in Kenya Under
the Laws of Kenya having its registered offices in Nairobi. (Service shall be
effected through the Plaintiff’s Advocates’ offices).

3. At all times material to this suit the Defendant was the registered owner and
driver of motor vehicle registration Number KCZH 1883M a Mercedes Benz.

3.A At all times relevant to this suit the 2 nd Defendant was the registered owner of
motor vehicle registration number KCZH 1883M a Mercedes Benz.

4. On or about the 31/07/2018 while the Plaintiff was lawfully present at a stage
along Race Course Road, Karen in Nairobi the 1 st Defendant a Director,
servant, employee and/or agent of the 2nd Defendant so negligently drove,
managed and/or controlled his the said motor vehicle Registration Number
KCZH 1883M along the said road with the consequence that he caused the
same to violently crush into the Plaintiff thereby causing her grievous bodily
harm.

PARTICULARS OF 1ST DEFENDANT’S NEGLIGENCE

a) Driving too fast in the circumstances.

b) Driving without due care and attention.

c) Failing to keep any or any proper look out for pedestrians in general and the
Plaintiff in particular on the said road.

d) Failing to have regard to the safety of pedestrians standing on the side of the
said road.

e) Failing to swerve, stop or manage the said vehicle sufficiently and in good
time in order to avoid the accident.

f) Veering off the said road suddenly and without notice or sufficient notice
thereby hitting the Plaintiff.

g) Failing to have or keep any or any proper control of his the 2 nd Defendant’s
motor vehicle.

The Plaintiff shall at the hearing hereof rely on the provisions of the Traffic Act and
the Highway Code.

And the Plaintiff holds the 2nd Defendant vicariously liable for the negligence of its
director, servant, employee and/or agent the 1st Defendant.

PARTICULARS OF INJURIES

(i) Closed head injury

(ii) Bilateral fracture of the right and left inferior pelvic rami
(iii) Fracture of the right superior pelvic rami
(iv) Compound fracture of the left tibia and fibula
(v) Raptured urinary bladder

5. As a result of the foregoing matter, the Plaintiff suffered severe loss, pain,
damage and permanent deformity to her left leg.

PARTICULARS OF SPECIAL DAMAGES

Police abstract - Kshs. 100/=

Medical expenses - Kshs.2,100/= (to be supplied before hearing)
Medical reports - Kshs.4,500/=
------------
Kshs.6,700/=
============

5. Despite demand and Notice of Intention to sue having been given the
Defendants have, failed, refused and/or neglected to make good the Plaintiff’s
claim hence this suit.

6. This matter is not before any court nor has it been decided upon by any court
of competent jurisdiction in relation to the parties herein.

7. The cause of action arose in Nairobi within the jurisdiction of this Honourable
Court.
REASONS WHEREFORE the Plaintiff prays for judgment against the Defendants
both jointly and severally for:

a) Special damages as per paragraph 4 – Kshs. 6,700/=

b) General damages

c) Costs of this suit

d) Interest on (a), (b), and (c) above.

DATED at NAIROBI this 7th day of April, 2019.

AMENDED at NAIROBI this 8th day of July, 2019.

FURTHER AMENDED at NAIROBI this……..day of………………2019.

SPICK SPAN & COMPANY

ADVOCATES FOR THE PLAINTIFF

DRAWN & FILED BY:-

SPICK SPAN & COMPANY

ADVOCATES
8TH FLOOR, HAZINA TOWERS
MONROVIA STREET
P. O. BOX 1234
NAIROBI

TO BE SERVED UPON:-

1 JOHN BORNE
P. O. BOX 46408
NAIROBI

2 MATHENGE & MUCHEMI ADVOCATES

HUGHES BUILDING, 1ST FLOOR - Your Ref: (U/32/4354/97/WB)
KENYATTA AVENUE
NAIROBI
3 RICH CO. (E.A.) LTD
P. O. BOX 46408
NAIROBI