REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT LODWAR

CIVIL SUIT NO. E026 OF 2023
NANCY NGASIKE………………………....………………….………..…..……..…PLAINTIFF
VERSUS
MOHAMOUD MOHAMED ………………………..…………………..........……DEFENDANT

STATEMENT OF DEFENCE

1. SAVE for what shall be hereinafter admitted, the defendant denies each and every
allegation of facts contained in the plaint as if the same were set out herein verbatim
and traversed seriatim.
2. The Defendant admits paragraphs 1 & 2 of the plaint so far as they merely describe
the parties to this suit save that the Defendants address of service for the purpose of
the suit hereto shall be M/S KARANIGREY & COMPANY ADVOCATES,
PARKVIEW TOWERS, 2ND FLOOR, ROOM NO 12 & 13. P.O BOX 2553-30200
KITALE. EMAIL: karanigrey@gmail.com
3. The Defendant does not admit ownership of KCH 632B.
4. The Defendant vehemently denies the contents of paragraph 4 of the plaint
particularly the occurrence of an accident on 4th February, 2023 involving KCH 632B
and puts the plaintiff to strict proof thereof.
5. The Defendant denies the allegations that one NICKSON WAKWOMA was a lawful
passenger on board the suit motor vehicle and that she suffered serious injuries as a
result of an accident as contained in paragraph 4 of the plaint the plaintiff to strict
proof thereof.
6. The Defendant denies the allegations of negligence and further denies the particulars
of negligence as contained in paragraph 4 (a-g) of the plaint.
7. In the alternative and without prejudice to the foregoing paragraphs, the Defendant
avers that, if at all an accident occurred on 24/3/2017 as alleged, which is strictly
denied, the same was not caused by any negligence of the Defendant but was wholly
and/or substantially caused by the negligence of the plaintiff.
 PARTICULARS OF NEGLIGENCE OF THE PLAINTIFF

a) Entering into and or boarding motor vehicle registration number KCH 632B
ISUZU LORRY meant to transport goods.
b) Entering into and or boarding motor vehicle registration number KCH 632B
ISUZU LORRY without lawful authority and or permission.
c) Exposing herself to risks which she knew or ought to have known
d) Failing to have adequate regard/or any regard for her own safety.
6. The Defendant vehemently denies the particulars of; injuries and damages contained in
paragraph 6 of the plaint and put the plaintiff to strict proof thereof.

7. The Defendant vehemently denies the particulars of and special damages contained in
the plaint and put the plaintiff to strict proof thereof.

8. WITHOUT PREJUDICE to the foregoing paragraphs, the Defendant avers that he is

not liable for the accident given:

a. He was not the driver of the suit motor vehicle at the time it was involved in the
alleged accident.
b. That he had hired a qualified driver who was incharge of the said vehicle prior
and at the time it was involved in the alleged accident.
c. That the suit motor vehicle is classified as a goods carrying vehicle and not for
passenger whatsoever.
d. That the said driver was under strict instructions and command not to carry any
un-authorized passenger in the suit vehicle.
e. That the driver of the suit vehicle defied the instructions and acted beyond his
authority as an agent hence in gross breach of the privileges that he was entitled
to.
f. That the said driver is thus responsible for any misfortune that resulted
9. No admission is made of alleged notice to sue.

10. The jurisdiction of this Honourable court is admitted.

REASONS WHEREFORE, the defendant prays that the plaintiffs claim be dismissed
with costs.

DATED at KITALE this……………………day of……………………………….2023.

…………………………………………
M/S KARANIGREY & COMPANY
ADVOCATES FOR THE DEFENDANT

DRAWN & FILED BY:

M/S KARANIGREY & COMPANY ADVOCATES,
PARKVIEW TOWERS,
OPP. KITALE LAW COURTS,
2ND FLOOR, ROOMS 12 & 13,
P. O. BOX 2553 - 30200,
KITALE.
EMAIL: karanigrey@gmail.com

TO BE SERVED UPON:
SIMIYU OPONDO KIRANGA & COMPANY ADVOCATES,
3RD NGONG AVENUE,
UPPERHILL GARDENS BLOCK D11,
P.O BOX 52585-00100,
NAIROBI.
EMAIL: info@soklaw.co.ke, sospeter@soklaw.co.ke