Rules 9 FORM No SCC 2

REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT OF AT NAIROBI
CLAIM NO. SCCCOMM E3293 OF 2022

PATRICK BEST OYESO…………………..…………………………………CLAIMANT

VERSUS
TRANSLAKES LIMITED………………….…………………..…………RESPONDENT

RESPONSE TO STATEMENT OF CLAIM

1. Claimant’s Personal Details

Name: PATRICK BEST OYESO Postal Address: P.O BOX 52386-00200,

NAIROBI Physical Address: DONHOLM NAIROBI Telephone Contact: 0718076106
Email Address: patrickbest847@gmail.com Nature of Business: Business man
Location/Sub/Village: Donholm Estate

2. Respondent’s Personal Details

Name: TRANSLAKES LIMITED Postal Address: P.O BOX 10676-00400

NAIROBI
Physical Address: KISUMU Telephone Contact: 0723797191
Email Address: translakeslimited@gmail.com Nature of Business: Real Estate
Development
Location/Sub/Village: Kisumu

3. Response to Statement of Claim

In response to the Statement of Claim dated the 30 th day of May 2022, the Respondent states as
follows:
(Please tick where appropriate)
□ The Respondent does not owe the Claimant any money.
 □ The Respondent owes the Claimant only a portion of the amount claimed in the
Statement of Claim amounting to Kshs. 450,000/= (state the amount admitted)
□ The Respondent admits the whole of the Claimants claim.
□ The Respondent has paid to the Claimant all the sum claimed in the Statement of Claim.
□ It is the Claimant who owes the Respondent a sum of Kshs ………………….. on account of
……………….
(explain the basis on which the Claimant owes the amount stated)
□ If the response is in denial of the whole or part of the claim. Give reasons why the claim is
denied
(explain briefly)

a). Jane Akinyi Asumo vide the letter of offer dated 3 rd October 2019 accepted to purchase the
apartment no. E101 on LR NO. 30637 in Kisumu from the Respondent.

b) In acceptance of the letter of offer, Jane Akinyi Asumo deposited Kshs. 500,000/= as part
payment of the purchase price as per the letter of offer.

c) That vide a letter dated 1/9/2020, the Claimant wrote to the Respondent to withdraw from the
transaction and request for a refund of the paid amount less 10% of the deposit as per the letter
of offer.

d) According to the terms of the letter of offer, clause 13 provides that in the event that the
purchaser fails to sign the sale agreement within sixty days after signing of the letter of offer,
the vendor shall presume that the purchaser is not interested in the transaction and shall
therefore terminate the transaction and recover 10% of the deposit paid for administrative costs.
The balance thereof shall be refunded once a new buyer has been identified and has made the
appropriate deposit.

e) The purchaser, Jane Akinyi Asumo decided to withdraw from the transaction through the
letter by the Claimant, hence did not sign the Sale Agreement as stipulated in the letter of offer
within 60 days, thereby forfeiting 10% of the paid amount in administrative costs.

d) Further, it is a clear term in the letter of offer that the balance of the deposit shall be refunded
upon a new buyer being identified and making the appropriate costs.

e) The property has not yet attracted a new buyer; hence the balance of the deposit remains
unpaid.

f) The Respondent is ready and willing to refund the balance of the deposit of Kshs. 450,000/=
upon getting a new buyer for the property and upon the buyer paying the requisite deposit.

4. In addition to the Respondent’s response in paragraph three above, the Respondent state’s
that this claim (Please tick where appropriate)
 □ Is filed in the right Court
□ Is filed in the wrong Court and should be transferred to the Small Claims Court at
……………………
5. Counterclaim
Without prejudice to the Respondent’s response in paragraphs three and four, the Respondent
Counterclaims against the Claimant the sum of Kshs………………. on account of
……………………….
(state the amount of counterclaim and the grounds on which the counterclaim is based)

6. Set-Off
While admitting the Claimant’s claim in the sum of Kshs ………………………, the
Respondent states they are entitled to a Set-Off in the sum of Kshs…………………………on
account of ………………………….
(state the amount sought to be set-off and the reasons for the set-off)

7. Claim against Third Party

The Respondent denies the Claimants 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 …………………. Postal Address …… Telephone Contact ………………
Email Address …………………… Location/Sub/Village ………………………………….

8. Remedy/ Relief Sought

The Respondent requests the Court to (Please tick where appropriate)
 □ Dismiss the Claimants claim with costs to the Respondents
□ Enter Judgment in favour of the Claimant against the Respondent in the sum of Kshs
……………..
□ Enter judgment in favour of the Respondent against the Claimant on the Counterclaim/Set off
in the sum of Kshs………………
□ Enter judgment in favour of the Claimant against the Third-party in the sum of Kshs
………………….

Declaration

I declare that the information given above is true

Name of Respondent:……………………………….
Signature of Respondent:…………………………...

Dated this…………………...................................day of
……………….........................................2022

LUMUMBA & LUMUMBA

ADVOCATES FOR THE 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
20
Signed ……………………………………….
(Registrar)
DRAWN AND FILED BY:
LUMUMBA & LUMUMBA ADVOCATES,
4TH AVENUE TOWERS,
15TH FLOOR, SUITE #3,
4TH NGONG AVENUE,
P.O BOX 10676-00400,
NAIROBI.
info@lumumbalaw.com

TO BE SERVED UPON:
OMBOKO & COMPANY ADVOCATES
VIEW PARK TOWERS,
14TH FLOOR, WING C, SUITE 1
UTALII LANE
P.O BOX 60286-00100,
NAIROBI
Info.ombokoandcompanyadvocates@gmail.com
 REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT OF AT NAIROBI
CLAIM NO. SCCCOMM E3293 OF 2022

PATRICK BEST OYESO…………………..…………………………………CLAIMANT

VERSUS
TRANSLAKES LIMITED………………….…………………..…………RESPONDENT

WRITTEN AUTHORITY
(Order 4, Rule 1(4) and Order 9, Rule 2 (c) of the Civil Procedure Rules)
_____________________________________________________________________________
_
LUMUMBA & LUMUMBA ADVOCATES are hereby duly authorized by TRANSLAKES
LIMITED to act on behalf of the Company in respect of this suit.

DANIEL MWAYA being a legal officer of the Company is hereby duly appointed to be its
Agent in this matter, with full power and authority, to make such appearance and applications, do
such acts on our behalf and to swear and sign, seal, and execute the necessary acts and
documents for the purpose of this suit.

DULY EXECUTED under the seal of the

Company at Nairobi

On this…………..day of………….…2022 ………………………………….

SEAL
In the presence of:-

DIRECTOR
NAME: _________________________
SIGNATURE: ________________________

DIRECTOR
NAME: ___________________________
SIGNATURE: __________________________

REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT OF AT NAIROBI
CLAIM NO. SCCCOMM E3293 OF 2022

PATRICK BEST OYESO…………………..…………………………………CLAIMANT

VERSUS
TRANSLAKES LIMITED………………….…………………..…………RESPONDENT

WITNESS STATEMENT

I, DANIEL MWAYA being a legal officer of the Respondent and duly authorized to represent
the Respondent do hereby state as follows:

1. I am a male adult of sound mind, duly authorized to testify on behalf of the Respondent
and well versed with the facts of this matter.

2. That sometime in October, 2019, we negotiated the sale of apartment no. E101 on LR
NO. 30637 in Kisumu of to Jane Akinyi Asumo.

3. Vide the letter of offer dated 3rd October 2019 she accepted to purchase the apartment no.
E101 on LR NO. 30637 in Kisumu from the Respondent.

4. In acceptance of the letter of offer, Jane Akinyi Asumo deposited Kshs. 500,000/= as part
payment of the purchase price as per the letter of offer.
 5. That vide a letter dated 1/9/2020, the Claimant wrote to the Respondent to withdraw from
the transaction and request for a refund of the paid amount less 10% of the deposit as per
the letter of offer.

6. According to the terms of the letter of offer, clause 13 provides that in the event that the
purchaser fails to sign the sale agreement within sixty days after signing of the letter of
offer, the vendor shall presume that the purchaser is not interested in the transaction and
shall therefore terminate the transaction and recover 10% of the deposit paid for
administrative costs. The balance thereof shall be refunded once a new buyer has been
identified and has made the appropriate deposit.

7. The purchaser, Jane Akinyi Asumo decided to withdraw from the transaction through the
letter by the Claimant, hence did not sign the Sale Agreement as stipulated in the letter of
offer within 60 days, thereby forfeiting 10% of the paid amount in administrative costs.

8. Further, it is a clear term in the letter of offer that the balance of the deposit shall be
refunded upon a new buyer being identified and making the appropriate costs.

9. The property has not yet attracted a new buyer; hence the balance of the deposit remains
unpaid.

10. The Respondent is ready and willing to refund the balance of the deposit of Kshs.
450,000/= upon getting a new buyer for the property and upon the buyer paying the
requisite deposit.

11. That is all I wish to state.

Dated this…………………...................................day of
……………….........................................2022

DANIEL MWAYA
Signature: …………………………………….

LUMUMBA & LUMUMBA

ADVOCATES FOR THE RESPONDENT

DRAWN AND FILED BY:

LUMUMBA & LUMUMBA ADVOCATES,
4TH AVENUE TOWERS,
15TH FLOOR, SUITE #3,
4TH NGONG AVENUE,
P.O BOX 10676-00400,
NAIROBI.
info@lumumbalaw.com

TO BE SERVED UPON:
OMBOKO & COMPANY ADVOCATES
VIEW PARK TOWERS,
14TH FLOOR, WING C, SUITE 1
UTALII LANE
P.O BOX 60286-00100,
NAIROBI
Info.ombokoandcompanyadvocates@gmail.com