REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT AT NAIROBI MILIMANI COMMERCIAL COURTS: CIVIL CAUSE NO, __OF 2020 FANUEL OGOT ANAM T/A FULL CIRCLE IMAGING SYSTEMS veeeeee a on .PLAINTIFF -VERSUS- ‘THE STANDARD GROUP PLC..... Jessssse+s DEFENDANT PLAI The Plaintiff is a male adult of sound mind and disposition; residing and working for gain in Nairobi within the Republic of Kenya. The Plaintiff's address for purposes of this suit will be C/o Lumumba & Lumumba advocates, 47 AVENUE TOWERS, SUITE #3 ~ 157 FLOOR, 47 NGONG AVENUE and of P.O BOX 10676-00400-NAIROBI. . The Defendant is a limited liability company duly incorporated as such under the Companies Act, Chapter 486 (Now Repealed) of the Laws of Kenya, with its registered office and place of business in Nairobi. [Service of summons shall be effected through the Plaintiff's Advocates offices] The Defendant carries on the business of newspaper print operations, television, radio broadcasting, digital and online services, as well as outdoor advertising. At all material times relevant to this suit, the Defendant engaged the Plaintiff under a logally binding contract to utilize his Video/ broadcast quality camera (SONY XDCAM PMW EXIR). Tt was an express/implied term under the contract the Defendant would pay the Plaintiff Kshs 7,000.00 on occasional need basis but later the same was revised to Kshs 3,000.00 per use on condition that KTN Baraza Limited will have possession when using the camera and the same will be returned to our Client when not in usage. Sometime in October, 2019 the Plaintiff was informed by the Defendant's employees/agent that his video/ broadcast camera was damaged in the course of duty by one of the Defendant's employees/agent rendering the equipment non-functional. Tt was not until 2nd October, 2020 when the Plaintiff's video/broadcast camera was released to him and the Defendant's agents refused to put down the release in writing. The Plaintiff in addition realized that the aforementioned video/ broadcast camera is not fully operational as the view finder is not working. Page 1 of 79, The Plaintiff has attempted to resolve the matter amicably with the Defendant but the Defendant has neutered all the Plaintiff's efforts by demanding for documentation and coming, up with false allegations with intention of denying the Plaintiffs claim. 10, The Plaintiff has incurred losses in the qualitative value of his video/broadcast camera and loss of income for the period that he was not using his equipment which was in the Defendant's possession and holds the defendant liable. 11. Demand notice and notice of intention to sue have been issued but the Defendant has failed, refused and or neglected to make good the Plaintiff's claim and the claim in this suit relates to the Plaintiff. 12 There have been no previous proceedings and there is no pending suit between the same parties involving the subject matter of this suit. 13, The cause of action arose in Nairobi within the jurisdiction of this Honorable Court. REASONS WHEREFORE the Plaintiff prays for Judgment against the Defendant for:- a) General damages b) Costs of this suit c) Interest on a) (b) above ) Any other relief the court may deem fit and proper to award. 14 DATED at NAIROBI this__ 2 t day of _NovEMBER __ 2020 NAIROBI info@lumumbalaw.com 0710409145 The Standard Group PLC ‘The Standard Group Centre, Mombasa Road P.O, Box 300080-00100 NAIROBI Page 2 of 7REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT AT NAIROBI ‘MILIMANI COMMERCIAL COURTS: CIVIL CAUSE NO. OF 2020 FANUEL OGOT ANAM T/A FULL CIRCLE IMAGING SYSTEMS «0.2... .-PLAINTIFF -VERSUS- THE STANDARD GROUP PLC... ..DEFENDANT VERIFYING AFFIDAVIT 1, FANUEL ANAM OGOT, a resident of Nairobi and of P.O Box 5430-00100 Nairobi, do hereby make oath and state as follows: 4. THAT Iaman adult male of sound mind and disposition and the Plaintiff herein, hence competent to swear this Affidavit. 2. THAT I have read and had explained to me the contents of the Plaint filed herewith and I hereby verify the facts therein contained as true. 3. THATall Ihave deponed to above are true to the best of my personal knowledge and belief. SWORN at NAIROBI By FANUEL ANAM OGOT Deponent jnfo@lumumbalaw.com 0710409145, Page 3 of 7‘The Standard Group PLC ‘The Standard Group Centre, Mombasa Road P.O. Box 300080-00100 NAIROBI Page 4 of 7REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CAUSE NO. OF 2020 FANUEL OGOT ANAM T/A FULL CIRCLE IMAGING SYSTEMS .. PLAINTIFF -VERSUS- THE STANDARD GROUP PLC... DEFENDANT WITNESS STATEMENT (Order 7 Rule 5 of the Civil Procedure Rules 2010) I, FANUEL ANAM OGOT, a resident of Nairobi within the Republic of Kenya and of P.O. Box 5430-00100 Nairobi wish to state as follows:- 1. Tam the Plaintiff herein hence competent to make this witness statement herein. 2. That sometime in early 2018 I got into an oral agreement with the Defendant Company through itd employees/agents namely Francis Githae and Dan Imani for the hire of my Video/ broadcast Camera (SONY XDCAM PMW EX1R) 3. The terms of the first agreement was that the Defendant would pay me Kshs 7,000.00 on their occasional need basis but later the same was revised to Kshs 3,000.00 per use on condition that the Defendant would have possession of the Video/ Broadcast Camera and the same will be returned to me when not in usage. 4, That during the pendency of the agreement I was in constant communication with Dan Imani and Francis Githae regarding the delivery, usage , invoices and payment for the utilization of my Video/ Broadcast Camera. 5. That on various dates I received payment via my Bankika KCB Business Account from the Defendant for the services of my Camera. 6. That sometime in Mid-October, 2019 I was informed that my Video/Broadcast Camera had been damaged by one of the Defendant's Employees and it was not ‘until one year later, that is October 2020 that I requested for handing over of my Page 5 of 7Camera and accompanying accessories hoping that it was in excellent working condition. 7. On 2" October, 2020 I picked the camera from KTN Town Offices 16" Floor, I & M building only to realize that it was not fully operational as the view finder was not working as it was at the time of the hire. 8 One Dan Imani who handed over my Camera was aware of the malfunctioning view finder but refused to put it down in writing and sign a release document or suggest how to handle the issue citing reasons that the legal department did not authorize him to do so. 9. The only document they gave me to sign was a book of records at the camera registry room which indicated that the Camera had been released, without indicating the status of the equipment. 10. That I proceeded to negotiate with the Defendant for compensation for financial loss resulting from Camera damage and loss of use for the one year but instead they resorted to asking me for proof of documentation. 11. That through my Advocates Messrs Lumumba & Lumumba Advocates I demanded for payment for the period I was not using my quality broadcast camera as it was in the Defendant's Possession but the Defendant failed /refused /neglected to acknowledge liability. 12.1 pray that this Honourable Court enters judgement against the Defendant as prayed in the Plaint. 13. That is all I wish to state for now. SIGNED BY THE SAID: FANUEL ANAM OGOT Signature... On this ... . day of NOVEMBER. ....2020 Page 6 of 7REPUBLIC OF KENYA IN THE CHIEF MAGISTRATES COURT AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CAUSE NO. OF 2020 FANUEL OGOT ANAM T/A FULL CIRCLE IMAGING SYSTEMS ......2+-.00++ Serr s+ePLAINTIFF -VERSUS- THE STANDARD GROUP PLC. -DEFENDANT PLAINTIFF ’S LIST OF DOCUMENTS Demand letter dated 29 October, 2020 . Letters from Standard group dated 24!" September, 2020 and 11 November, 2020 Full Circle Imaging invoices Bank Statements Messaging communication between the Plaintiff and the Defendant's agents / employees Full circle imaging letter dated 10 September, 2020; 1st October, 2020; and 24 October, 2020. 7. Other documents to be provided with leave of the court ope pe 2 rt = DATED at NAIROBI this, QT day of NOVEMBER 2020 ‘PLAINTIFF 0710409145 TO BE SERVED UPON: The Standard Group PLC The Standard Group Centre, Mombasa Road P.O. Box 300080-00100 NAIROBI Page 7 of 7Our Ref: Reply to: NAIROBI OFFICE 4 bene Towers 15" Foor, Suite #3, 42° Ngong Avene 0.80 10676-00400 Nairobi Kenya “et (920) 272 3 184 (020) 2726133 cal 0730 409 145 Cale 0736 745 940 Fax: (20) 2723083 Dropping Zone 20 evion Paz (airobi) KISUMU OFFICE ‘nigra House 3 Flor, Wind A (loge Odinga Street 20.B0x 7208 - 0100 isu, Kenya elt 0719828 307 elt 073450 620, evruRtiambalavcom ‘nfotumumbatawicom eutumambalavicom iN: P0512178222, VAT No: 01822540, ref. PLO = Lumb .Otiene-Lumuma othory Mui Tessy Haine Marenga mans Were ith Karna ‘izan wotsen LUMUMBA & LUMUMBA ADVOCATES Commissioners for Oaths, Notaries Publi Patent Agents & Certified Public Secretaries Your Ref: Date: LL/PA/01/20/1837 TBA 29" October, 2020 ‘The Standard Group PLC ‘The Standard Group Centre, Mombasa Road P.O Box 3008000100 NAIROBI apy on email” ¢ @standardmsdia.co.ke Dear Sirs, RE: IN THE MATTER OF THE SUM KENYA SIX HUNDRED & SIXTY THOUSAND (KSHS 660,000.00) OWED BY KIN BARAZA LTD TO FANUEL ANAM OGOT Aram sradiry ay Pull Circle Imaging Systems (hereinafter “our client”) at whose instance we address you as hereunder onthe referenced matter. We have beca retained by ra Sometime in late 2017 o: carly 2018 thereabout our Client entered into an ora! agreement with, your Mr. Francis Githae and your Mr. Dan Imani for the hite of his Video/broadcast quality camera (SONY XUCAM PMW EXIR). The agreement was initially that he is to be paid Kshs 7,000.00 per use but later the same cd tis Kisthe 3,008 por vse on condition that KTN Baraza Limited will ha possession when using she caruent and the returned to our Client when not in usage. Our Client informs that sometime in October, 2019 he was informed that his camera was damaged in the course of duty by one of your employees rendering the equipment non-functional. Je was not until 2"! October, 2020 when our Client's camera was released to him and your Mr. Dan Imani refused 19 put down the release in writing, Tn addition out Client informs us that the aforementioned camers is not fully operational as the view finder is not working. Ik is our dlient’s firm contention and belief that KTN Baraza Limited ought to compensate him for the period that he was not using his equipment which was in your possession. Though our clicat hired out his camera to your Company without a ‘written ageeement, it was understcod as between our client and your Camera crew and was paid for usage of his Catacra; facts wherect aze well within your knowledge Page 1 of2Our client informs us that you have failed, refused and/or neglected to acknowledge your duty to compensate him despite his numerous requests to do so but instead resorted to asking him for documentation. In the premises, we are instmcted to demand from your company as we hereby do, the immediate admission of liability for the months of loss of usage and the compensation of our client for the losses occasioned which are assessed at Kenya Shillings Six Hundzed and Sixty Thousand (say Kshs.660,000.00) within the next seven (14) days from the date hereof, ‘TAKE NOTICE that if you do not heed to this demand, our instructions are to institute legal proceedings against you at your peril as to costs and incidentals, with no further reference to you. ‘Yours faithfully, u IBA & LUMUMBA ADVOCATES Ce Client anuel Anan '/A Fall Ciscle Tonaging Systems Dioner Kenyatta Avenue, 1st Floor, Rin 109 P.O Box 5430-00100 NAIROBI Page 2 of 2STANDARD yg GROUP eeu inning your word 1 yOu “The Standard Group Cente, Mrmbass Rosa 20. Box 30080, Naros, GPO-00100, ‘Ter szz2tt8T Our Ref: PER FILE Mobie: 0749 012014 /o719 012678 Emacororstogstandarcmeda coke ‘Webste: wwe standarsmecia coke Your Ref: TBA 24% September, 2020 Full Ciscle Imaging Systems “Without Prejudice” Gilfilan House 1 Floor, Suit 109 {ATROBL. By Email to: fallcitcleimaging@email.com Dear Sir, RE: FULL CIRCLE IMAGING SYSTEM ALLEGED COMPENSATION: ‘We acknowledge receipt of your letter dated 10" September 2020 contents of which have been noted and we wish to respond as below. To enable us effectively address your complaint, we hereby invite you to furnish us with sufficient documentation on the alleged contractual engagement with KTN for hire of your broadcast quality video camera. ‘TAKE NOTE that should we not receive sufficient justification to your claims within seven (7) days from the date of this letter any contemplated legal proceedings against the company will be without merit and will be strenuously defended with risk to you as to costs and all other adverse consequences ensuring therefrom. Accordingly be advised. ‘Yours faithfully, CAROLINE CHERUIYOT SENIOR LEGAL OFFICER of com © Ste Nee Uy ols MF Bower FES‘THE STANDARD GROUPPLC PB aon ath OOS we OurRefi — L/INFO/168/10/2020 Note oriworz1n /or190%2176778 Netebe owweircaciesacone Your Ref: LL/FA/01/20/1837 11 November 2020 AtcTrizah Motuka Lumumba & Lumumba Advocates 4° Avenue Towers,15" Floor, Room 3 P.O Box 10676-00400 ‘NAIROBI. Dear Madam, RE: _FANUEL ANAM OGOT We refer to the above subject matter and acknowledge receipt of your letter dated 29" October 2020 contents which have been duly noted and we wish to respond as below: We take great exception of the fact that your client has intentionally ignored and or failed to inform you of vital information of the engagement despite the same having been well within their knowledge. ‘At all-imes The Standard Group PLC (“the company”) hired the camera on the basis and understanding by the representation by your client that the camera was fully insured against any loss and ot damage and that he had an insusable interest to the camera, Based on this understanding any subsequent loss or damage to the camera as alleged was to be solely pursued with the insurance for purposes of indemnification, which remedy your client has intentionally failed to pussue. The company hereby demands the sum of KES 60,834.28/= being the costs incurred to repair the camera, your client having intentionally failed to pursuc the alleged damage with their insurance claiming that the camera was not insured conttarily to their earlier representation at the commencement of the contractual engagement. We hereby further demand the sum of KES 825,000/= being the storage costs incurred by the company your client having refused to collect their camera to lodge a claim with their insurance. ‘TAKE NOTE that should we not receive the sum of KES 885,834.28 /= within the next seven days from the date of this letter the company reserves the right to commence recovery proceedings against your client without any further reference to them, It is also our considerable view that the alleged compensation by your client lacks basis and is ‘unfounded since the company was only to pay your client for the usage of the camera. Payments which have been fully made. Atno particular point during the referenced duration was the camera in usage by the company facts which are notin denial. We also reiterate that the alleged loss of usage as inferred by your client ought to be pursued with theie insurance. Soc" nem fen iE ly, ve Loky spe “AE Buudoor EM catNothwistanding the above, please be advised that any legal action instivuted against the Group will be strenuously defended with risk to you as to costs and all other adverse consequences ensuring therefrom. Accordingly, be advised Yours faithfully, (Chris Waithaka LEGAL OFFICER So" naov Company Nam .FULL-CIRCLE IMAGING SYSTEMS KCB Branch en SIMATHHL HOUSE Acct * 1201628: ‘Account Number. WYO Date 12/( | KIN } | Invoice No.KTN1903__) ‘ SHS lem Description : Hire of Video Camera Sony 3,000iday 63,000 XDCAM PMW 16% VAT TOTAL 73,080 / 5 F Phone 0722 601 220 ® fe 20211877 Company Name ... ~FULL-CIRCLE IMAGING SYSTEMS KCB -KIMATHI HOUSE Account Number 1201628954 INVOICE KTN - Date 13/11/2018 | «| Invoice_No.KTN1808. [tem [~~ Description @ 1 camera] Hire of video camera Sony XDCAM PMW EX1R TBDAYS Iplus accessories for thirteen days 3,000/dey| 39,000 16%VAT ‘The Imaging Kingelomike Pacucions Photography ‘Company Name .. Bank, Branchnsnn serene Account Number. seeFULL-CIRCLE IMAGING SYSTEMS one CB -KIMATH| HOUSE lan'Hse ‘Kenyatta Avenue Yst Floor Suite 109 + Gombany Name Bank. Branch. “/FULL-CIRCLE IMAGING SYSTEMS KCB : KIMATH! HGUSE 1201628954 ..+.1201628954 Account Number. ~ IV = INVOICE | KN | KIN Invoice No.KTN4809 wm |_Deseription ] tem | Description @ 7 xsns. ‘camera| Hire of video camera 7 camera Sony XDCAM PMW EX1R ‘camera | BS Nea PMW EXIR plus accessories for the month of December (13 days) 16% VAT TOTAL | 45,240 i pe ‘The Inaging Kingdom [ -A8th, Nov. 2018 sist, Nov. 2018 20th, Nov. 2018 2nd, Nov. 2018 24st, Nov. 2018 “7th; Nov. 2018 -22nd, Nov.2018 “Bin, Nov. 2018 23rd, Nov. 2018 73th, Nov. 24th, , 2018 isin Nov. Boia adit: Now. 2008 3th, Nov. 2018 “goths Nov Sate 714th, Nov. 2018 Sent Nee opie }. -29th, Nov. 2018 TAS NOY, 384% “Sot, Nov.2018 16% VAT | 44,040 tora. | 80,040 KO ‘The Imaging KingdomPhone 0722 801 220, "254 20211877 ngeryahon.com Company Name FULL-CIRCLE IMAGING SYSTEMS Bank. eccssen KCB Branch, sooKIMATHI HOUSE Account Number. ayo 1201628954 aaa eee INVOICES KTN | Date 12/03/2019 Inyoice No-KTN1903._ tom Deserption —SSS”*~CSM~SC~C~*~ Date 15/05/2019 _ Invoice_No.KTN1904 KTN _Date 15/04/2019. Invoice No.KTN1904 Tes camera | Hire of video camera | Sony XDCAM PMW EX1R 1BDAYS |p Jus accessories for thirteen days 3,000/day| 54,000 “for the month of April 2019 16%VAT 8,640 ‘ie inaging Kingiom Deseri Hire of Video Camera Sony XDCAM PMW EXIR Plus accessories for twenty three(23) days @ KSHS 3,000/day | 69,000 16% VAT “The tmaging Kingdom"7254 2021 soos Ema flleveleimaging yahoo.com Gompany Name ....n.n0.mFULL-CIRCLE IMAGING SYSTEMS fank. Jee CB eo Name ........ peace IMAGING SYSTEMS Branch. . °RIMATHI HOUSE Bearkk cnr a HOUSE Account Number........ 1201628954 Account Number.......... 1201628954 ——$_______ INVOICE [ KTN __Date 15/07/2019 _] ————— Invoice No.KTN191 aoe INVOICE KTN _ Date 07/06/2019. a Invoice No.KTN1905 tem | Description @ | Hire of Video Camera Sony 3,000/day | XDCAM PMW EXIR is accessories for | seven-teen (17) days | KSHS 59,160 Hire of Video Camera Sony 1 XDCAM PMW EXIRcome «= ee Kenyatta Avenue We +254 20211877 ‘4st Floor Suite 109 IrPhone 0722 801 220 +254 20211677 Gilflan Hse E-mail fulleircleimaging@yahoo--" Kenyatta Avenue 4st Floor Suite 109ACCOUNT STATEMEN T Customer: Account: 1201628954 CIRC E IMAGING SYSTEMS Product Name: Bankika Business Account Statement Period: O01 JAN 2019 - Balance at Period Start KES TXN DESCRIPTI ,, = MONEY = LEDGER DATE ON VALUE DATE our MONEYIN BALANCE 01 JAN BALANCE SHIN BALANCE | O1JAN2019 Inward SWIFT Pa Sete AT-DPC 06 FEB 2019 75,900.00 701000000251 37 /01000000 Inward SWIFT Pa iy ATDPC 28 FEB 2019 42,900.00 701000000251 37 101000000 Inward SWIFT Pa SoS ATDPC 11 APR 2019 36,300.00 701000000251 37 /01000000 Inward 06 SWIFTPa MAY AT-DPC _ 06MAY 2019 69,300.00 2019. /01000000251 37 101000000 Inward | SWIFT Pa QSIONAT-DPC 06 JUN 2019 75,900.00 701000000251 37101000000Inward SWIFT Pa wee? ATDPC 06 SEP 2019 701000000251 37 101000000 Inward SWIFT Pa Soy AT-DPC 06 SEP 2019 701000000251 37 101000000 Inward SWIFT Pa SROCT AT-DPC 04 OCT 2019 101000000251 37 101000000 Inward 0S = SWIFT Pa NOV AT-DPC 05 NOV 2019 2019 01000000251 37101000000 Inward SWIFT Pa 04DEC AT-DPC THE 94 ppc 2019 STANDARD 4 PEC 2019 GR THE STAN Inward ‘SWIFT Pa 23 DEC AT-DPC 2019 BARAZA LIMITED BARAZA LI 23 DEC 2019 49,500.00, 56,100.00 59,400.00 62,700.00 56,100.00 47,880.00< ware ee Name: Githae Bring all your ktn Tell: +25472743744 invoices which you = “Tela: £254.722 457449, have not been paid Callhim mpelekee before noon. comer Sa] atelionch 98061 : ‘Anasema atapativa Kua Sonesta ‘cheque on Monday nO) sem ‘Su esi) 35em Sicedisues Cry Welcome hai ert) Stir Neme: Nick Oiuma PD Freermessage = a < games SMB} alesimo) Sten Njoo uchuiuwe camera Heitumiki kesho: ‘Susi stiemD een ‘Kuja kan sea hizi See secs oe ty Cas ce ne jstbee Sewe Shatter) tien ‘Utakuwa tao leo ‘Shabtaeerot Pa ter message ~‘chukua camera S21 storemot tao Kin wameweka chapaa [aarp You attempted to call ‘me but | was not ‘veileble, Please cal D Foterenessage = Z Dan kin Hes the one who told ime'to call you [Sha] sreeno1 ater ‘George anasema Satafute view finder fd by end of next ‘week atakuwe ameweka : ‘Suaieien (Spe D Fover message z canes % (Chuleuwa camera SH) start) 80pm, ose Njoo uchukuwe camera sea hii Chukueni cameras hazituriki kesho SW alone! 718 ‘Camera Heiturik kesho organize Uchukowe Sal sien) ote CER EERDE 2p) over message es GiheeKn gs Hi your camere wil not bbe in use tomorrow. Pp Enter message2 anime Kin have deposited the money have you ‘confirmed? ‘5\2} seater 2800r imani@yahoo.com Enter message os ‘ Simms ‘Camera Heit kesho organize vuchukuwe chukua comere Hahumikikesho | S512 seer Fam Camera Hat Gomera Haturik kesho organize vchulawe D Frtermessoge Camera Haituiki kesho organize cuchukuwe saa hizi cchukua camera Haitumiki leo 'SH2| svc 957 am Camera Haiturniki | Entermessage é Denman Qu Hatuumii comers kesho re Sunday Nissi pod Kesh | SHIP sero) Sa | Nios uchulawe carnera . ‘use CB Videogrephy nd © photography 2104 vate, thendocumentary D Enecmessoge “is toe 8S | Hi Anam, kindly bring your Invoice for April ‘2019. in-my record we have used your camera for 18days. S21 atttemo? 13% or Good morning, i's not ‘ight to punish the ‘others who have brought their invoices. ‘ontime. If you don't deliver your invoice by close of business today. | will take the others without yourself Githae ‘S812| slarcomd). 25800 D Foer message : ‘thee KN? g, Kindly ean you bring the invoice for June. ‘Otherwise, he payment willbe delayed, Hit have seen your missed call We are not Using the camera over the be weekend | Good morning Sir, Kina eend mea Trobe fort aye for | Rees Sopumben |B) Etermessge ‘i ‘You can pick it for Monday. | will need it on Tuesday ‘42 tare 24pmGilfitan Hse, Kenyatta Avenue 4st Floor Suit 109 Phone 0722 801 220 +254 20211877 E-mail fullcircleimagingeyahoo.com ‘Pros Relatlons, Wadi des, Corporat functions orate, Stal IDs te Editorial Director, KTN Baraza Ltd, P.O. Box 30080-00100, Nairobi, Kenya. Date 10" September 2020 Dear Sir/Madam, SEEKING COMPENSATION FOR FINANCIAL LOSS RESULTING FROM CAMERA DAMAGE, I, Mr. Faunal Anam, trading as FULL-CIRCLE IMAGING SYSTEMS, wish to bring to your attention the above concem. Sometimes back in the year 2018, KTN approached me through its head of camera department Mr. Francis Githae with the aim of having a working relationship in which KTN would hire my broadcast quality video camera (Sony XD CAM PMW EXIR) and pay for the days the camera was under their possession/use. ‘The agreement had it that I would get the camera back any time it was not in use at KTN to enable me engage it in other income generating ventures. ‘The agreement worked well until mid-October 2019 when I was informed of the damage due to careless handling which rendered the camera nonoperational As such, it is worth noting that the said equipment was and still is my major source of income and that I have suffered big financial distress resulting from LOSS OF USE. Based on the number of months the camera was in operation, I have calculated the average monthly income at KES 60,000. It is nine months excluding the month of August 2020 since the camera was damaged and this would translate to an approximate income of KES 540.000. ‘The purpose of this letter is to persuade your organization (KTN) to see the need of having a negotiated approach in order to reach an amicable solution that would be acceptable to both parties keeping in mind that I have suffered great financial loss as a result of damage caused by ‘your organization. Kindly respond to this letter within a period of 14(fourteen) days from the date of receipt. Yours faithfully Fanuel Anam P.O Box 5430 00100 Nairobi E Mail fulleircleimaging@gmail.com Phone 0722 801 220 cc (il) CCQ) Managing Editor, Human Resource Manager KIN Baraza Ltd, KTN Baraza Ltd¥ Gititan Hee 3 re Kenyatta Avenue = fe 1st Flor Suit 109 Phone 0722 801 220 +254 20211877 faaoine everens E-mail fullcircleimagingayahoo.com ___ Vier Pata 8 erly : res Retin, Weddings Ss, Coote fntons, Feta a ste Mr. Francis Githae Head of Camera KTN Baraza Ltd P.O. Box 30080-00100, Nairobi, Kenya Date 1* October 2020 Dear Sir/Madam REF: REQUEST FOR CAMERA HAND OVER Uhereby wish to request you to facilitate the above (Sony XDCAM PMW EX1R) and all the accompanying accessories that your company has been in possession of, hoping that it is now in an excellent working condition, just as it was at the beginning of our first engagement. | would appreciate if this was done in the soonest time possible; most preferably before the end of tomorrow Friday 2” October 2020 to enable me use it for an oncoming assignment. Kindly arrange what time, place and who to hand it over to me or any of my accredited representative. Yours faithfully Fanuel Anam For and on behalf of FULL-CIRCLE IMAGING SYSTEMS Phone +254 722 901 220 Email fullcircleimagina@amail.com cc Melvin Atieno Legal assistance The Standard Group PLCGitflan Hse Kenyatta Avenue {st Floor Sut 109 Phone 0722 801 220 +254 20211877 Imaomocverene E-mail fullcircleimaginggyahoo.com Vio Pcon 8 Phage res Raton, Wesdings Sid Corporat fanson, ott, Saf 1Ds te Mr. Francis Githae Head of Camera KTN Baraza Ltd P.O. Box 30080-00100, Nairobi, Kenya Date 2" October 2020 Dear Sir/Madam REF: CAMERA RELEASE REPORT Following a phone call | received from Dan Imani of KTN today at 11,19am informing me to collect the camera as requested yesterday, 1% October 2020, | wish to state as follows: 1. That | have personally picked the camera today 2nd October 2020. (Sony PMW EX1R) from KTN town offices 16" floor |&M building at around 5.25pm. 2. That the camera is not fully operational as the view finder is not working as it was at the time of hire, 3. That Mr. Dan Imani who handed over the camera is fully aware of the nonfunctioning view finder but refused to put it down in writing and sign a release document or suggest how to handle the issue because the legal department did not authorize him to do so. 4. That the only document they gave me to sign was a book of records at the camera registry room which indicated that the camera has been released, without status of the equipment. Yours faithfully Fanuel Anam For and on behalf of FULL-CIRCLE IMAGING SYSTEMS Phone +254 722 901 220 Email fullcircleimaging@amail.com cc Melvin Atieno Legal assistance The Standard Group PLCLUMUMBA & LUMUMBA ADVOCATES Commissioners for Oaths, Notaries Public, Patent Agents & Certified Public Secretaries Our Ref: Your Ref: Date: Reply to: 17" November, 2020 LL/UAP/32/19/1663 TBA : The Executive Officer NAIROBI OFFICE “# neve Tere « Milimani Commercial Cousts 15 Flos Sate * “Neen vena NAIROBI. 0.x 057600409 Naki = Kenya sets cam 7723104 Deaz Sit/Madam, (o20) 726133 cal 0710 409 45 : MAN! eee es RE: MILIMANI CMCC 6312 OF 2016 . Fe (nt) 2723083 JULIUS AMBAYA MATERU& ANOR -VS. KINGSIZE OUTSOURCE} TED & ANOTHER Dropping Zone 20 Revi Plaza (airbi) doned we act for asumy OFFICE aan Che mater herein was scheduled for Ruling of the Defendan'/Apys sing Ong Street Aonieten dae gh eae 0019 bees Hen MLW Meee Ganien dee Ores ign Soest lication dared 6" June, 2019 before Hon. MAW, Mumge (SRAM) on 16° Kisumu, Kenya January, 2019 however the Court me ationed that the suling is not ready and ets 071928 307 shall be delivered on notice ats sez eno Seeeae suru Kindly issue us with 2 copy of the muling or a mention date for directions. We undertake to pay your charges ‘oeturelawcom orlurambslav.com Reng Coy MBA ADVOCATES — Vyred vaee/. PIN: POS12178227 VAT No: 0182254, Pro. PLO - uum (Ose Lumumba othny Mung “sean nariense vamant waena Faith ara Page 1of1 “sah NotaREPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI COMMERCIAL & ADMIRALITY DIVISION MISCELLA CAUSE NO.93 OF 2019 IN THE MATTER 0} IN THE MATTER O} ‘THE ADVOCATES ACT ‘TAXATION OF COSTS BETWEEN ADVOCATE & CLIENT BETWEEN LUMUMBA & LUMUMBA ADVOCATES... ADVOCATE/ APPLICANT -VERSUS- AFRICAN MERCHANT INSURANCE COMPANY LIMITED. . CLIENT/ RESPONDENT ARISING FROM SEVICES RENDERED IN NAIROBI CHIEF STRATE CIVIL SUIT NO.6557 OF 2016 BETWEEN HAGGAI OLUBULERA OLUCHINGA.......... PLAINTIFF -VERSUS- ONESMUS MUTINDA LAMU... . 1" DEFENDANT JAYNE MUSENYE KIMALL......... ® DEFENDANT MENTION NOTICE ‘TAKE NOTICE that this matter has been fixed for MENTION on the 16% March 2021 at 9:00 ‘am or soon thereafter for purposes of confirming whether the Respondent has put its Submissions, on record and to fix a ruling date thereon. ‘TAKE FURTHER NOTICE that in default of your attendance ot your representatives or anyone ‘authorized by law to act on your behalE, the court will proceed to give orders as it may deem fit your absence notwithstanding. DATED at NAIROBI this G __ day of. Nove! LUMUMB MBA ADVOCATES FOR THE APPLICANTREPUBLIC OF KENYA. IN THE HIGH COURT AT NAIROBI (COMMERCIAL & ADMIRALITY DIVISION ‘MISCELLANEOUS CAUSE NO.94 OF 2019 INTHE MATTER OF: THE ADVOCATES ACT IN THE MATTER OF: TAXATION OF COSTS BI BETWEEN sTWEEN ADVOCATE & CLIENT LUMUMBA & LUMUMBA ADVOCATES... -VERS! AFRICAN MERCHANT INSURANCE COMPANY LIMITED... ADVOCATE/ APPLICANT CLIENT/ RESPONDENT ARISING FROM SEVICES RENDERED JN NAIROBI CHIEF MAGISTRATE CIVIL SUIT NO.6557 OF 2016 BETWEEN HAGGAI OLUBULERA OLUCHINGA... .. PLAINTIFF -VERSUS- ONESMUS MUTINDA LAMU JAYNE MUSENYE KIMALL 1" DEFENDANT 28? DEFENDANT MENTION NOTICE ‘am or soon thereafter for purposes of confirming whether the Respondent has put its Submissions on record and to fix a ruling date thereon. “TAKE FURTHER NOTICE that in default of your attendance or your representatives or anyone authorized by law to act on your behalf, the court will proceed to give ordess as it may deem At your absence notwithstanding, DATED at NAIROBI this, i day of. November 2020 FORTHE APPLICANT. \ } 9a) vt