REPUBLIC OF KENYA

IN THE SMALL CLAIMS COURT AT NAIROBI

CLAIM NO. E3978 OF 2022
GEORGE EVANS OSERO...................................................................................CLAIMANT
-VERSUS-
BONIFACE MUHADI..............................................................................1ST RESPONDENT
JAMES MAINA GICHERU....................................................................2ND RESPONDENT
HUDUMA CREDIT LIMITED...............................................................3RD RESPONDENT

1ST AND 2ND RESPONDENT’S RESPONSE TO STATEMENT

OF CLAIM
1. CLAIMANT’S PERSONAL DETAILS

Name: GEORGE EVANS OSERO

Postal Address: 68170-00800, NAIROBI
Physical Address: NAIROBI
Telephone Contact: 0701301233
Email Address:
Nature of Business: BUSINESS MAN
Claiming in person: KIAMA KIBATHI & CO. ADVOCATES LLP,
TOWN HOUSE, 5TH FLOOR, KAUNDA STREET,
P.O BOX 68170-00200
NAIROBI.
2. 1ST RESPONDENT’S PERSONAL DETAILS

Name: BONIFACE MUHADI

Postal Address: 104166-00101, NAIROBI
Physical Address: MUGWE & CO. ADVOCATES, WESTLANDS
COMMERCIAL CENTRE, BLOCK B, 1ST FLOOR,
SUITE 7, RING ROAD, WESTLANDS.
Telephone Contact: +254721973102
Email Address: mugweadvocates@gmail.com
Nature of Business:
3. 2ND RESPONDENT’S PERSONAL DETAILS

Name: JAMES MAINA GICHERU

 Postal Address: 104166-00101, NAIROBI
Physical Address: MUGWE & CO. ADVOCATES, WESTLANDS
COMMERCIAL CENTRE, BLOCK B, 1ST FLOOR,
SUITE 7, RING ROAD, WESTLANDS.
Telephone Contact: +254721973102
Email Address: mugweadvocates@gmail.com
Nature of Business:
4. 3RD RESPONDENT’S PERSONAL DETAILS

Name: HUDUMA CREDIT LIMITED

Postal Address: 263- 00610, NAIROBI
Physical Address: NAIROBI.
Telephone Contact: 0797005005
Email Address:

Nature of Business:

5. RESPONSE TO STATEMENT OF CLAIM

1. The 1st and 2nd Respondent deny the contents of paragraph 6 of the Statement of
Claim and in particular it is denied that on 11/10/2020 the Claimant was a lawful
pillion passenger aboard Motor Cycle Registration Number KMDL 763N along
Kangundo road when the 1st Respondent, while in the course of duty and under
instructions from the 2nd and 3rd Respondent so negligently, carelessly and/or
recklessly drove Motor Vehicle Registration Number KBY 525K causing it to lose
control and collide with Motor Cycle Registration Number KMDL 763N thus
occasioning grievous injuries to the Claimant. The Claimant is put to strict proof
thereof.

2. The 1st and 2nd Respondent further deny that the 1st Respondent was the driver
and the 2nd Respondent was the registered owner of Motor Vehicle Registration
number KBY 525K. The Claimant is put to strict proof thereof.

3. The 1st and 2nd Respondent deny that the accident was solely caused by the
negligence, recklessness and carelessness of the Respondents and thus wholly to
blame. The Claimant is put to strict proof thereof.

4. The 1st and 2nd Respondent further deny all the particulars of injuries, particulars
of special damages and particulars of negligence enumerated at paragraph 6 of the
Statement of Claim and shall insist on strict proof thereof.

5. In the alternative and without any prejudice to the foregoing, the 1st and 2nd
Respondent aver that if any accident occurred on the material date, which
allegation is denied, the same was not in any way due to the negligence of the 1st
 and 2nd Respondent or their driver as alleged in the Statement of Claim. The 1st and
2nd Respondent categorically aver that the same was wholly caused and
substantially contributed to by the negligence of the Claimant.

PARTICULARS OF NEGLIGENCE OF THE CLAIMANT

a) Riding on an unroadworthy motorcycle.

b) Riding on a motorcycle without a helmet.
c) Riding on a motor cycle without wearing a reflective jacket.
d) Riding on an uninsured motor cycle.
e) Riding with an unlicensed rider.

And the 1st and 2nd Respondent shall seek indemnity and/or contribution from the
Claimant.

6. Further and in the alternative and without prejudice to the foregoing, 1st and 2nd
Respondent aver that the accident was wholly caused by and/or was substantially
contributed to by the negligence of the rider of motor cycle registration no. KMDL
763N, to wit:
(a) Failing to give way to motor vehicle registration number KBY
525K
(b) Riding motor cycle registration number KMDL 763N in excessive
high speed in the circumstances.
(c) Paying no regard or attention to other road users.
(d) Riding the said motor cycle without due care and attention.
(e) Riding a motor cycle without wearing a helmet.
(f) Riding the said motor cycle recklessly and in total violation of
traffic rules.
(g) Failing to pay any due regard to the pillion passenger on board.
(h) Failure to slow down, stop, brake, swerve and/or take any other
reasonable step to avoid the said accident.
(i) Riding an uninsured motor cycle.
(j) Causing the accident.

7. And the 1st and 2nd Respondent shall seek indemnity and/or contribution from the
owner of motor cycle registration number KMDL 763N.

8. The 1st and 2nd Respondent state that no demand and/or notice of intention to sue
was served before commencement of the suit hence the Claimant is not entitled to
costs.

6. CLAIM AGAINST THIRD PARTY

9. The Respondent denies the Claimant’s claim and states that the person named
below ("the Third Party") is liable to the Claimant on the grounds set out in the
attached Third-Party Notice.

Name of Third Party: OCHENGO MASESE RICHARD

Postal Address: 10356-00100
 Telephone Contact: 0725453726
Email Address: N/A
Location/Sub/Village: NAIROBI.

7. REMEDIES SOUGHT

REASONS WHEREFORE the 1st and 2nd Respondent pray that this Claim be
dismissed with costs and judgment be entered in favour of the Claimant against the
Third-party.
DATED at NAIROBI this……19th …….....day of ……..January……..…2023

MUGWE & CO.

ADVOCATES FOR THE 1ST AND 2ND RESPONDENT

ACKNOWLEDGE OF SERVICE

I acknowledge service of this Response to Statement of Claim delivered to me, with

evidential documents attached, on............................................................

Name of Claimant: …………………………………

Signature of Claimant: …………………………….

FOR OFFICIAL USE ONLY

This Response to Statement of Claim was filed on the...........day of ……………….2023

Signed..............................................

(Registrar)

DRAWN & FILED BY:

Mugwe & Co.
Advocates,
Westlands Commercial Centre, Block B,
1st Floor, Suite 7, Ring Road, Westlands,
P. O. Box 104166-00101, [OUR REF: MW/XIC/379/2023]
NAIROBI.
Email: mugweadvocates@gmail.com
Tel: 0721973102
TO BE SERVED UPON:
Kiama Kibathi & Co. Advocates LLP,
Town House, 5th Floor,
Kaunda Street,
P.O BOX 68170-00200
NAIROBI.