REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATES’ COURT AT NYAHURURU

CIVIL CASE NO. E180 OF 2022

MERCY NYAWIRA KANGANGI..……………….……..……. PLAINTIFF/APPLICANT

-VERSUS-
LOCTAGON INVESTMENTS COMPANY
LIMITED…………........................................………... DEFENDANT/RESPONDENT

AMENDED DEFENDANT’S STATEMENT OF DEFENCE AND COUNTERCLAIM.

1. Save what is hereinafter expressly admitted, the defendant denies each and every
allegation averment and/or stipulation contained in the plaintiff’s plaint as if the same
were set out herein verbation and traversed seriatim.

2. The contents of paragraphs 1 and 2 of the plain are admitted in so far as the same are
merely descriptive of the parties herein save that the defendant’s address of service for
purpose of this suit is c/o MATHEA GIKUNJU & CO ADVOCATES, MAHINDA’S
& FAMILY BUILDING, 1ST FLOOR RM. 3 KENYATTA AVENUE, BEHIND
CO-OPERATIVE BANK P.O BOX 2029-20300, 1st FLOOR, P.O BOX 1993
NYAHURURU.

3. The defendant is a stranger to the contents of paragraph 3 of the plaint and puts the
plaintiff to strict proof thereof.

4. The defendant denies in toto, the contents of paragraphs 4, 5, 6, and 7 of the plaint and
puts the plaintiff to strict proof.

5. The contents of paragraph 8 of the plaint as well as the particulars of illegality

enumerated thereunder are denied in toto and the plaintiff is put to strict proof thereof.

6. The contents of paragraphs 9, 10, 11, 12, 13, and 14 are denied in toto and the plaintiff is
put to strict proof thereof.

7. The contents of paragraph 15 of the plaint are admitted

8. The jurisdiction of this honourable court is denied.

REASONS WHEREFORE the defendant prays that the plaintiff’s suit be struck out
with costs: and by way of counter-claim avers as follows:-

COUNTER CLAIM
LOCTAGON INVESTMENTS COMPANY
LIMITED…………........................................................................................... PLAINTIFF

-VERSUS-
MERCY NYAWIRA KANGANGI..……………….……..……………………….
DEFENDANT

9. The defendant in the Defence, now the plaintiff in the Counterclaim, repeats and reiterates all
the paragraphs in its statement of Defence hereinabove and counterclaims against the now
defendant Kshs. 24,500.00/= being four and half months’ rent arrears as at December, 2021
plus Kshs. 38,500.00/= being seven months’ rent arrears from the month of January, 2022 to
July 2022 making a total of Kshs.63,000.00/= due and owing to the plaintiff herein.

10.Despite various and several demands, the defendant has failed and/ or refused to make good
the plaintiff’s claim.

11.The cause of action arose within the jurisdiction of this honourable court.

12. The plaintiff avers that there is no other suit pending before any other Court or at all between
the parties to the Counterclaim herein over the same subject matter.

REASONS WHEREFORE the plaintiff in the counter-claim prays for judgment to be

entered on the counterclaim as prayed.

DATED AT NYAHURURU THIS……26th..DAY OF …………JULY…..…....2022.

AMENDED at NYAHURURU this …………..day of ……………………………2023.

MATHEA GIKUNJU & CO.

ADVOCATES FOR THE DEFENDANT/RESPONDENT

DRAWN & FILED BY:

MATHEA GIKUNJU & CO.
ADVOCATES
MAHINDA’S & FAMILY BUILDING, 1ST FLOOR RM. 3
KENYATTA AVENUE, BEHIND CO-OPERATIVE BANK
P.O BOX 2029-20300
Email: matheagikunju@gmail.com
P/105.12689/16, LSK /2016/03439
NYAHURURU.

TO BE SERVED UPON.
KINYUA NJOGU & CO ADVOCATES
P.O. BOX 897-20300
NYAHURURU
EMAIL: kinyuanjogu15@gmail.com
Tel :0722341759

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES’ COURT AT NYAHURURU
CIVIL CASE NO. E180 OF 2022
MERCY NYAWIRA KANGANGI..……………….…………………………..…….
PLAINTIFF

-VERSUS-
LOCTAGON INVESTMENTS COMPANY
LIMITED…………........................................……………………………..…... DEFENDANT
VERIFYING AFFIDAVIT

I JOSEPH KARIMI IMUNYO a resident of NYAHURURU and of P.O BOX 1891-

20300 NYAHURURU in the Republic of Kenya do hereby make oath and state as
follows;

1. THAT I am the representative of the defendant herein with full knowledge of

the facts surrounding this matter and therefore competent enough to make and
swear this affidavit.
2. THAT I have read and understood the contents of the amended statement of
defence and counter-claim filed herewith and confirm the correctness of the
averments contained therein.
3. THAT what is deponed to herein is true to the best of my knowledge
information and belief.

SWORN BY THE SAID

JOSEPH KARIMI IMUNYO ) ………………………………
At Nyahururu this ………….day of )
…………………………………….2023 )
BEFORE ME

COMMISSIONER FOR OATHS

DRAWN & FILED BY:

MATHEA GIKUNJU & CO.
ADVOCATES
MAHINDA’S & FAMILY BUILDING, 1ST FLOOR RM. 3
KENYATTA AVENUE, BEHIND CO-OPERATIVE BANK
P.O BOX 2029-20300
Email: matheagikunju@gmail.com
P/105.12689/16, LSK /2016/03439
NYAHURURU.