Civil 1 Revision

NOTICE OF MOTION
1. SStay of execution of the judgment (Order XL1, Rule 4 (1) (2), Order L Rule 1 of the
Civil Procedure Rules, Section 3A of the Civil Procedure Act and all other enabling
provisions of Law)
2. Dismissal of suit for want of prosecution by the defendant (Section 3A of the Civil Procedure Act,
Order XVI Rule 5 (d) of the Civil Procedure Rules).
3. Leave to Appeal out of time--Sections 79G and 95 CPA & order 49 CPR
4. Dismissal of defendants counterclaim (Section 3A of the Civil Procedure Act,
Order XVI Rule 5 (d) of the Civil Procedure Rules)
5. Application for order of certiorari to be set aside (S.3A Civil Procedure Act and Order 50 r.17
Civil Procedure Rules)
6. Review & reinstatement (Under Sections 80 and 3A of the Civil Procedure Act, Cap 21, Order IXB
Rule 8, Order XLIV Rules 1, 2 and 3, of the Civil Procedure Rules)
7. Requesting for judgment on admissions(Under Order XII Rule 6 of the Civil Procedure Rules,
Section 3A of the Civil Procedure Act and All other enabling Provisions of Law)
8. Motions under order L
Rule 1. All applications to the court.
Rule 6. Service of notice on defendant served with summons to enter appearance but not
appearing.
CHAMBER SUMMONS
1. Striking out of plaint. (Under Order VI rule 13(1) (b) & (d) of the Civil Procedure Rules, section 3A
of the Civil Procedure Act and all other enabling provisions of the law)
2. Amendment of plaint. (Under Order VIA Rule 3(1), 5, 7 and 8, Order 44 of the Civil Procedure
Rules, Sections 95 and 3A of the Civil Procedure Act and all other enabling provisions of the law)
3. Third Party Application Order 1 rule 4
4. Arbitration (Section 6 of the Arbitration Act 1995, Rule 2 of the Arbitration Rules, 1997; Section
3A of the Civil Procedure Act, Chapter 21 of the Laws of Kenya; and all other enabling
provisions of law)
5. Examination of debtors property (Under Order XXI Rules 36 and 91 of the Civil Procedure
Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law.)
6. Contempt of court (Section 5 of the Judicature Act, Cap. 8 Laws of Kenya, Order 52 Rules of
the Supreme Court of England 1965, Section 3A of the Civil Procedure Act , cap 21 of the Laws
of Kenya)
7. Amendment of defence. (Under Order VIA Rule 3(1( (5) , 5, 7 and 8 of the Civil Procedure
Rules, Section 3A of the Civil Procedure Act and all other enabling provisions of the law)
8. Amendment of judgment (Under Sections 3A and 99 of the Civil Procedure Act, Cap 21,of the
Laws of Kenya; Order XX Rule 3(3), Order L Rule 1 of the Civil Procedure Rules and all other
enabling provisions of the law)
9. Reconstruction of file. (Under Section 3A of the Civil Procedure Act

Temporary Injunctions and Interlocutory Orders(Under Section 3A of the Civil
Procedure Act Cap 21 Laws of Kenya and Order XXXIX, Rules 2(1), 3 and 9 of the Civil
Procedure Rules)
10. Joinder of an interested party. (Under Order 1 Rule 10 of the Civil Procedure Rules Section 3A
of the Civil Procedure Act and All Other Enabling Provisions of law)
11. Temporary injunctions (Under Section 3A of the Civil Procedure Act Cap 21 Laws
of Kenya and Order XXXIX, Rules 2(1), 3 and 9 of the Civil Procedure Rules)
ORDERS OF MANDAMUS,. PROHIBITION AND CERTIORARI ORDER LIII

Rule 1 - Applications for Mandamus, Etc., Not to Be Made Without Leave,
Rule 3 - Application to Be by Notice of Motion.
ORIGINATING SUMMONS RETURNABLE BEFORE THE JUDGE SITTING IN CHAMBERS ORDER 36.
1. Order 36 rule 1(g) the determination of any question arising directly out of the administration of
the estate or trust.
2. Order 36 rule 3. A vendor or purchaser for the determination of any question which may arise
in respect of any requisitions or objections, or any claim for compensation; or any other
question arising out of or connected with the contract of sale (not being a question affecting
the existence or validity of the contract).
3. 3A - Summons by a Mortgagee or Mortgagor, Etc.
3B - Caveats.
3C - Extension of Limitation Period.
3D - Registration. of Title to Land.
3E - Application for Permission to Marry Under Age.
3F - Application Under the Registered Land Act.
3G - Application Under Chattels Transfer Act.
4 - Summons by a Member of a Partnership.
5 - Summons by Persons Interested in Deeds or Wills.
12 - Applications under this order shall be made in chamber summons
Motions and Other Applications order L
PRECEDENCE DOCUMENTS
1. AFFIDAVIT OF SERVICE
TITLE
I, ccccccccccc of Post Box number xxxxx Nairobi in the Republic of Kenya a licenced process server of this
Honourable Court make oath and state as follows:-
1. THAT acting on the instructions received from my employer, Messrs. Xxxxx and Company, Advocates for
the Plaintiff I went on 7th December 2000 to I. C. E. A. Building in the Office of Hamilton Harrison &
Mathews, Advocates for the Defendant to serve them with a Chamber Summon application dated 17 th
November 2000 and filed in Court on......................................
2. THAT on the same day at about 10.40 a.m. I served a copy of the same Chamber Summon on a clerk
working for the said Advocates.
3. He accepted service and acknowledged receipt by stamping and signing at the back of a copy for me,
which said acknowledged copy I attach hereto.
4. THAT what is deponed to hereinabove is true to the best of my knowledge, save as to matters deponed to
on information sources whereof I have disclosed and matters deponed to on belief grounds whereupon
have been given.
SWORN at Nairobi this day )

of 2001 )
)
BEFORE ME )
COMMISSIONER FOR OATHS )
DRAWN AND FILED BY:-
Xxxxx and CompanyAdvocates
2. WILL
THIS is the last will and testament of me MMMMMMM of Post Office Box Number Nairobi and I hereby
revoke all former wills codicils and other testamentary dispositions made by me.
1. I appoint NNNN of Post Office Box Number and RRRRR of Post Office Box Number
Nairobi (hereinafter called my trustees which expression shall include the trustee or trustees for the
time being hereof) to be the executors and trustees of this my will.
2. I give to my trustees all my real and personal property whatsoever and wheresoever (including any
property over which I may have a general power of appointment or disposition by will).
3. My trustees shall hold the said property upon trust to retain or sell the same with power to postpone the
sale thereof for so long as they shall in their absolute discretion think fit without being liable for loss.
4. My trustees shall hold the proceeds of such sale and all unsold and retained property and my ready
money upon the following trusts:
(a) To pay my debts and funeral and testamentary expenses;
(b) Subject thereto for my wife DDD absolutely; but
(c) If my wife shall die in my lifetime then the same shall be held for my son AAAAAAA absolutely.
5. If my said son shall die during my lifetime or after my death leaving a child or children alive at or born after
my death then such child or children shall take by substitution and if more than one in equal shares the
share or shares of my estate which my said son would have taken under clause 4(c) above.
IN WITNESS whereof I have hereunto set my hand this . day of .. 1999.

Signed by the above-named )
MMMMMMMMMM )
as his last will in the presence of us present )
at the same time who at his request in his )
presence and in the presence of each other )
have hereunto subscribed our names as )
witnesses )
)
Testator: )
)
Witness: )
1. Name: )
Address: )
Occupation: .. )
)
Witness: )
2. Name . )
Address: )
Occupation: .. )
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. xxxxx OF 2001
BBBBBB KOMO.. PLAINTIFF
-VERSUS-
XXXXX OIL (K) LIMITED. DEFENDANT
DEFENCE AND COUNTERCLAIM
1. The Defendant admits the descriptive parts of paragraphs 1, 2

and 3 of the Plaint save that its address for service for the
purposes of this suit is care of Xxxxx and Company, Advocates,
BBBBBB, Arboretum Drive, P. O. Box xxxxx Nairobi.
2. The Defendant admits the contents of paragraph 4 of the Plaint.
3. Without any prejudice whatsoever to the contents of

paragraph 2 above, the Defendant avers that the Plaintiff had two
accounts with the Defendant. The first account number 4113001
had been on going since 1999 and the second one account
number 4113046 has been running since August 2000. The
Plaintiff having had problems regularising his first account, was
given transport business by the Defendant to assist him in paying
off his outstandings.
4. Further, in response to paragraph 4 of the Plaint, the Defendant
avers that the sole purpose of the transport agreement dated 23 rd
January, 2001 was to enable the Plaintiff find at least one source
of income to offset his debt to the Defendant. The Defendant
avers that it was clearly understood between the parties that the
transport was not to be the sole source of income for the Plaintiff
and the Defendant denies that any representations were made to
the contrary.
5. The contents of paragraph 5 of the Plaint including the alleged

representations are denied and the Plaintiff put to strict proof
thereof.
6. Without any prejudice whatsoever to paragraph 5 above, the

Defendant avers that by the time the transport agreement was
entered into, the Plaintiff had already purchased the 2 trucks,
BBBBBB 393J and BBBBBB 886C. Further the two Guarantees
referred to were obtained well before the Agreement was
executed. The Defendant denies that any of the trucks have been
painted with the Xxxxx Logo and puts the Plaintiff to strict proof.
7. The contents of paragraph 6 of the Plaint are admitted.
8. The Defendant denies the contents of paragraph 7 and 8 of the

Plaint and puts the Plaintiff to strict proof thereof. Without any
prejudice to the foregoing, the Defendant avers that it has
allocated transport business to the Plaintiff and it is in fact the
Plaintiff who has breached the Agreement by failing to avail the
trucks on numerous occasions.
9. The particulars of loss and damage as set out in paragraph 9 of

the Plaint are denied in toto and the Plaintiff put to strict proof
thereof.
10. The contents of paragraph 10 of the Plaint are denied and the
Plaintiff put to strict proof thereof. Without any prejudice to
the foregoing, the Defendant avers that the demand for
payment under the Guarantee has never been dependent on the
transport agreement dated 23rd January, 2001 and that the
Defendant will not be in breach if it calls on that Guarantee. The
Defendant denies that there was any implied term in the
agreement not to demand payment on the Guarantee.
11. The Defendant is a stranger to paragraph 11 of the Plaint and is

unable to plead.
12. In response to paragraph 12 of the Plaint, the Defendant avers

that it would be well within its rights to call on the Guarantee.
The Defendant contends that the Plaint discloses no cause of
action known in Law and will at the appropriate time apply to
strike it out.
13. The Defendant denies receiving any notice of intention to sue.
14. The jurisdiction of this Honourable Court is admitted.

COUNTERCLAIM
15. The Defendant repeats and reiterates the contents of paragraph

3 above and avers that the Plaintiff is indebted to the Defendant
to a total sum of Kshs.4,115,897.16 as at 28 th March, 2001 for
petroleum products sold and delivered on various dates.
16. The Plaintiff has failed, refused and or neglected to pay the
aforementioned amount despite numerous requests to do so.
17. The Defendant prays for the aforesaid sum of Kshs.4,115,897.16

together with interest thereon at commercial rates together with
costs of this suit and interest thereon.
REASONS WHEREFORE the Defendant prays that the Plaintiffs suit

be dismissed with costs and judgement be entered on the counterclaim
as prayed.
DATED at Nairobi this day of 2001.
XXXXX & COMPANY
ADVOCATES FOR THE DEFENDANT

DRAWN AND FILED BY: -
Xxxxx & Company,

Advocates,
BBBBBB,
Arboretum Drive,
P. O. Box xxxxx,
NAIROBI.
TO BE SERVED UPON: -
xxxxx & Company,
Advocates,
Corner House, 9th Floor,
P. O. Box xxxxx,
NAIROBI.
Demand letter accident

Nairobi.
Dear Sir,
Re: Accident on 8th December 2000 Along Eldoret - Nakuru Road

involving Motor Vehicles Registration Numbers FFFFF 056Y and MB
FFFFF 323 ZA.
We act for Fffff Ltd. Transporters upon whose instruction we write to you as
follows: -
On or about 8th December 2000 along Eldoret - Nakuru road, our clients
driver, while in the course of his employment, was lawfully driving our
clients motor vehicle registration Number MB FFFFF 323 to which a trailer
registration mark ZA 6631 was attached. In blatant disregard of the traffic
rules and without due regard to other motorists and road users, you so
negligently drove, managed and/or controlled Motor Vehicle registration
Number FFFFF 056Y and further blindly attempted to overtake our clients
motor vehicle aforesaid, thereby permitting and/or causing the same to
violently collide with our clients vehicle aforesaid and consequently
occasioning enormous damage thereto. Subsequently, you were charged in
Nakuru Law Courts with careless driving.
Consequently, our client has incurred substantial expense and has been
subjected to loss, as set out hereunder, in repairing the said motor Vehicle
and trailer and as a result of the said accident generally.
a) Cost of repairing the Motor Vehicle Kshs 750,000

b) Cost of repairing trailer ZA 6631 Kshs 500,000.
c) Loss of user Vehicle / trailer for three months Kshs
240,000
d) Damage to goods Kshs 100,000
e) Cost of police Report Kshs 100
f) Assessors fees Kshs 1,500
Total Kshs 1,655,100
Our instructions are to demand from you, as we hereby do, Your immediate
admission of liability and reimbursement of the said sum of Kshs.
1,655,100 being the amount due and owing to our client as a result of the
expense incurred and the loss suffered thereby as a consequence of the said
accident.
TAKE NOTICE that unless we receive WITHIN FOURTEEN (14) DAYS of the
date hereof, your written admission of liability and the said Sum of Kshs
1,655,100 in full payment, our instructions are to institute requisite legal
proceedings against you, at all time holding you liable for the costs thereby
incurred and other consequences ensuing therefrom.
We trust that this shall not be necessary and look forward to receiving your
positive response within the aforestipulated deadline.
Yours faithfully,
FFFFF & COMPANY
FFFFF
Cc ggggggg
Demand letter collection of debts

Ffffffffffffff
hhhhhhhhhhh
Homa Bay.
Original by registered post
copy by recorded hand delivery
Dear Madam,
Re: Debt owing toggggt/a Ppppppp Enterprises
We act for Mr. ,,,,,,, (hereinafter referred to as our client), upon whose
instructions we write to you as follows:-
In or about January 1999, upon your request, our client supplied to you cloth
calendars for the year 1999 and overcoats valued at Kshs. 18,000 and Kshs
11,780.00, respectively, full particulars are well within your knowledge. As
agreed between yourself and our client, payment by yourself for the said
calendars and overcoats was to be made upon delivery of the same to your
Homa Bay premises. In furtherance of the said agreement, you paid to our
client the sum of Kshs 3,000.00 and promised to remit the balance thereof in
the sum of Kshs 26,780 .00 soon thereafter.
Subsequent thereto, you issued two cheques to our client in purported part payment of the outstanding
balance herein which cheques were, upon presentation to the Bank, returned dishonoured and unpaid.
Be that as it may, upon several demands both formal and informal from our
client, on the 28th day of December 2001, you committed yourself in writing
to pay Kshs. 10,000.00 by the end of January 2002, and thereafter Kshs.
2,000.00 at end of every month until payment in full. Regrettably, at the end
of the said January, you decided to send our client a money order of a poultry
sum of Kshs. 2,000.00 instead of the agreed Kshs. 10,000.00. Since then,
you have refused to honour your obligation as per your said commitment. In
view of the foregoing, the balance currently due and owing from yourself to
our client is Kshs. 24,780.00.
Despite various promises by yourself to our client to make good the said
cheques and commitment, you have refused, failed and /or otherwise
neglected to honour your said promises. Further, despite several reminders
to yourself requiring that you pay the aforesaid outstanding sum, you have
persisted in your refusal, failure and /or neglect to pay the said sum of Kshs.
24,780.00 or any part thereof.
Accordingly, our instructions are to demand from you, as we hereby do, full
and immediate payment of the said outstanding amount of Kshs.24,780.00
together with interest thereon from the respective due dates at the
commercial rates prevailing from time to time until payment in full.
TAKE NOTICE that unless the aforestated sum of Kshs.24,780.00 together

with interest thereon is paid in full within SEVEN (7) DAYS from the date of
this letter, our instructions are to take such further steps in this matter as
may be necessary, including the institution of legal proceedings against
yourself for the recovery of the sum demanded, at all times holding you
liable for the costs thereby incurred and other consequences ensuing
therefrom.
We trust that this will not be necessary and look forward to hearing from you
within the aforementioned time.
Yours faithfully,
Cccccccccccccc
gggggggggggggg
Cc Client.
Demand letter collection of debts
bbbbbbbbbbb, Original by Registered Post and

P.O. Box ccccccc, copy by recorded hand delivery
Nairobi.
Attn: Mr. ccccccccccc,
Dear Sir,
Re: Unlawful Termination of Employment of

Mrcccccccccc after attack on him on 7th January 2000
We act for Mr. ,,,,,,, aforestated (hereinafter called "our client"), upon whose instructions we write to you
as follows: -
Since 1988, our client was engaged by your Organization as a Consultant. The terms and conditions of
our client's contract of employment were as contained in one -year Consultancy Agreements which by
mutual consent of the parties, were renewed as and when the same expired. The last of such Agreement
was signed by the parties on 8th July, 1999.
In the early morning of 7th January 2000, whilst our client was in the ordinary course of his employment,
he was attacked by a clique of members of the I.C.R.C Somalia Delegation who are well known by our
client, details whereof are well within your knowledge. We are instructed that this was a malicious internal
scheme, which had been skilfully organised under the conspiracy of two of your employees, agents or
servants namely, Messr. Abdiaziz Osman Mohamoud and Raymond Deserzens against our client, with
the aim of frustrating his efforts to perform his duties efficiently and/or eliminating him altogether. As
subsequent events revealed, the said heinous act was perpetrated with the active collusion and
connivance of your organization and every effort was made thereafter to conceal the facts. It is
unfortunate that your organization, as an international humanitarian organization, could have engaged in
or condoned such illegal acts.
In addition to the foregoing, your organization purported to terminate our client's contract of employment
without any lawful basis for doing so. Even then, your Organization refused, neglected and/or otherwise
failed to pay to our client such sums of money and other compensation as was lawfully due to him.
Pursuant to the foregoing, we are instructed that pursuant to the express and/or implied terms of the said
Consultancy Agreement as read together with the Consultancy Regulations, our client is entitled to claim
the following from your organization: -
1 Compensation for wrongful termination of our client's contract of employment.

2 Salary for 12 months in the sum of US$ 21,960.
3 Compensation under the Accident Insurance Cover.
Despite numerous reminders to yourselves, you have refused, neglected and/or otherwise failed to
respond to our client's letters and/or make good his bona fide claim.
Accordingly, our instructions are to demand from you, as we hereby do, that you confirm to us in writing,
within the next SEVEN (7) DAYS that: -
a) You shall immediately reinstate our client to his employment without any loss of status,
emoluments or benefits attendant thereto.
b) You admit liability to pay to our client forthwith:-
i) The compensation and amounts referred to in numbers 1-3 above.

ii) General damages for such pain, loss and suffering as our client has been
subjected to as a consequence of the said attack.
iii) Such sum of money, representing future medical expenses, as are
payable to ensure complete recovery by our client.
iv) Any such further compensation as may, subsequent hereto, come to
light.
TAKE NOTICE that unless we receive your positive response as aforestated with the stipulated deadline
of SEVEN (7) DAYS of the date of this letter, our instructions are to institute legal proceedings against
yourselves without any further recourse to yourselves whatsoever, holding you liable for all costs thereby
incurred and other consequences ensuing therefrom.
We trust that this will not be necessary and we look forward to hearing from you within the
aforementioned time.
Yours faithfully,
sssssssssssssss
cc. 1. Client
2. sssssss.
ssssssss La Paix
Memo of appeal
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI
CIVIL APPLICATION NO. NAI. OF 2002
IN THE MATTER OF AN INTENDED APPEAL
BETWEEN
THE ATTORNEY GENERAL..........................1ST APPLICANT
NN KENYA LIMITED................................2ND APPLICANT
AND
MMMMMMMMMMM........................1ST RESPONDENT
PPPPPPPPPPPPPPPP......2ND RESPONDENT
(Application for extension of time to file and serve the Notice of Appeal, out
of time in an intended Appeal from a Judgement of the High Court of
Kenya at Nairobi (Honourable Mrs. Justice Rawal), dated 11th ,,,,,,,, 2002 in
the High Court Civil Case No. 2. of 200..)
BETWEEN
MMMMMMMMMMM.................................1ST APPLICANT
PPPPPPPPPPPPPPPPP......................................................2ND APPLICANT
VERSUS
THE ATTORNEY GENERAL..........................................1ST RESPONDENT
NNN KENYA LIMITED................................................2ND RESPONDENT
MEMORANDUM OF APPEAL
The Appellant above-named appeals to the Court of Appeal against the entire
Judgement above-mentioned on the following GROUNDS inter alia, namely:-
1. The Learned Judge erred in fact in finding that the predominant purpose
behind the institution of Criminal proceedings on 1 st February, 2000 against
the Applicants/Respondents (hereinafter collectively referred to as the
Respondents) was to put pressure on them to pay the claims of NN and to
prevent them from continuing with their civil suits.
2. The Learned Judge erred in fact in making a finding that the Attorney General
did not exercise the power enshrined in section 26 of the constitution in a
quasi-judicial manner.
3. The Learned Judge erred in law and in fact in making a declaration that the
institution and maintenance of the Chief Magistrates Nairobi Criminal Case
No. ,,,,, of 2000 against MMMM and PPP on 2 nd February 200.. upon the
complaint of NNN Kenya Limited was and is for the purposes of exerting
pressure on the applicants/ respondents to pay NN Kenya Limited a sum of
K.Shs 99,563,416/= which is disputed by them.
4. The Learned Judge erred in law and in fact in making a declaration that the
institution, prosecution and maintenance of the aforesaid criminal case is an
abuse of the criminal process of the Court and is arbitrary and a contravention
of the said applicants rights under section 82 of the constitution.
5. The Learned Judge erred in fact and in law by ordering that the proceedings
in the Chief Magistrates Case No. ,,,,,, of 2000 be permanently stayed and
further that the Chief Magistrate Nairobi or any other Magistrate be prohibited
from hearing and determining the said case.
6. Having conceded that it may be true that in isolation, the transactions

between 12TH and 15TH September, 19.. could raise a reasonable belief of
committal of criminal offences, the Learned Judge failed to make a finding that
indeed a criminal offence, that of obtaining by false pretence had indeed been
committed on the said dates pursuant to which the Appellant made a
complaint to the Police.
7. The Learned Judge erred in fact by upholding Mrs. MM evidence that the
terms of payment between the parties was Cash on delivery despite the
evidence of Mr. KKK both oral and by way of affidavit that the terms of trade
was Cash on order.
8. Having accepted the evidence of Mrs MMM that she stopped the payments of
the subject cheques believing that NN would come around to give her a full
account of money owed by both parties, the Learned Judge erred in fact in
failing to find that the Respondents had in fact lifted products for the value of
the said cheques that she had stopped and that she had continued to do so
even after she knew that she had stopped payment of said cheques a fact
unknown to the 2nd Respondent/Applicant.
9. Having satisfied herself that indeed some form of dispute existed between the
parties and having had the benefit of listening to Mr. KKK evidence on behalf
of the Appellant, the Learned Judge erred in fact in failing to find that in those
circumstances, it was doubtful that NN Kenya would indeed have continued to
sell petroleum products to the Respondents on credit.
10. The Learned Judge failed in the circumstances that the Appellant must
have relied on the said Cheques as value for money before it authorised the
release of its products to the Respondents from its depot.
11.The Learned Judge erred in fact in failing to find that if in fact the evidence of
Mrs MMM was to be believed i.e, that the terms of trade was cash on order,
then it was not necessary for her to leave blank signed cheques with the
Appellant as opposed to going with the said cheques to the Appellants offices
and writing out a cheque for the value of the products collected every day.
12. The Learned Judge erred in fact in failing to make a finding that if indeed
the MMM had no knowledge of the other three cheques which they claimed
were fraudulently filled in by the Appellant, they have never made a formal
complaint to the Police in respect of the alleged fraud.
13. By satisfying herself that the subject matters of the counter-claim filed by
the Appellant in the civil suit filed by the Respondents is the same which are
used in the charge sheet of the criminal proceedings, the Learned Judge
failed to appreciate the submissions made on behalf of the Appellant relating
to the sequence of events prior to the filing of the said suits and the subject
Notice of Motion from which this Appeal lies in that, the complaint by the
Appellant was made on 7th,,,,,,, 199,, way before the Respondents filed the
civil suits.
14. The Learned Judge failed to appreciate that the suit having been
commenced by the Respondents, the Appellant was compelled in the
circumstances and therefore obliged to file not only a Defence but also a
Counterclaim within the time prescribed by the civil procedure rules and to
include the amounts of the subject cheques for which by the Appellants had
by their own admission, collected products for the value thereof.
15. In the circumstances, the Learned Judge erred in fact in finding that the
filing of the Civil suits by the Respondents definitely hampered the Appellant
from realizing its claim from the Respondents suggesting that the Appellants
resorted to exerting pressure on the Respondents to pay the amounts due to
it by the Respondent.
16. That the Learned Judge erred in fact in failing to appreciate that the fact
that the Appellant had filed a counter-claim which included the value of the
subject five cheques did not in any way change the manner in which NN
came to be owed the amounts thereof by the Respondents.
17. Having made a finding that the Investigating Officer did not properly
investigate the case, the Learned Judge erred in Law in ordering that only NN
Kenya do pay the Applicants/Respondents costs when the original Application
was in fact made against the Attorney General who is an independent party
from the Appellants herein.
18. In view of the circumstances set out herein above, the Learned Judge
totally misdirected herself in delivering Judgement in favour of the
Respondents by failing to consider and appreciate the evidence on record
tendered on behalf of the Appellant.
It is proposed to ask the Court FOR ORDERS THAT:-
The Appeal be allowed and a declaration be made to the extent that the
Appellant properly made a complaint to the police on 7 th ,,,,,,,, 1999 believing that
an offence had been committed against it in the period between 12 TH and 15TH
September 199.
In the result the orders made by the Learned Judge be set aside.
The costs of the Appeal be granted to the Appellant against the Respondent.
DATED at Nairobi this day of 201
TTTTTT AND COMPANY

ADVOCATES FOR THE APPELLANT
TO:-
The Honourable the Judges of the Kenya Court of Appeal.
COPY TO BE SERVED UPON:-
WWWW & IIIIIII

Advocates
NAIROBI.
The Attorney General

State Law Offices
Sheria House
Room 308
NAIROBI
LODGED in the Registry at Nairobi this day of 200,,,,
DEPUTY REGISTRAR
COURT OF APPEAL
Amend Judgment order XX Rule 3 CPR

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO OF 1996
KKKKKKK .. .. .. .. .. .. .. .. .. .. PLAINTIFF/APPLICANT
VERSUS
KKKKKKK CARGO AG .. .. .. DEFENDANT/RESPONDENT

NOTICE OF MOTION
(Under Sections 3A and 99 of the Civil Procedure Act, Cap 21,of the Laws of Kenya;
Order XX Rule 3(3), Order L Rule 1 of the Civil Procedure Rules and all other enabling
provisions of the law)
TAKE NOTICE that on the day of 2001 at 9.00 O'clock

in the forenoon or so soon thereafter as they can be heard, Messrs. KKKKKKK
& Company, Advocates for the Plaintiff/Applicant ("the Plaintiff") herein will
move this Honourable Court FOR ORDERS:-
1. THAT the Judgment of the Honourable Mr Justice Mitey delivered

herein on 25th May, 2001 (the said Judgment) be amended so as
to rectify an arithmetical error apparent in the said Judgment.
2. THAT the said Judgment be amended to read that the Plaintiff

earned a total sum of Kshs. 577,500.00 from VVV Kenya Limited
and not Kshs. 877,500.00 as contained in the said Judgment.
3. THAT further, the said Judgment be amended to read that the total
sum of income earned by the Plaintiff from his subsequent
employment at VVV Kenya Limited and VVV Industries Limited,
respectively, after premature determination of his contract of
employment with the Defendant amounted to Kshs. 877,500.00 .
4. THAT in the circumstances, the true and rightful amount to be

deducted from the sum of , inter alia, Kshs. 13,689,830.00
awarded to the Plaintiff for loss of future earnings, should be Kshs.
877,500.00.
5. THAT such further Orders and/or directions be given to the intent that
the amounts payable by the Defendant to the Plaintiff be fully and
finally determined.
6. THAT the costs of this application be provided for.
WHICH APPLICATION is made on the GROUNDS: -
1. THAT in a Judgment delivered by this Honourable Court on 25 th

May, 2001 by the Honourable Mr. Justice Mitey, (the said Judgment)
the Plaintiff was awarded, inter alia, the sum of Kshs.
13,689,830.00 being loss of future earnings by the Plaintiff on
account of premature determination of the Plaintiffs contract of
employment with the Defendant, less the sums of Kshs.
300,000.00 and Kshs. 877,500.00 earned by the Plaintiff from VVV
Industries Kenya and VVV Kenya Limited, respectively.
2. THAT upon the premature determination of the Plaintiffs contract

of employment by the Defendant, the Plaintiff mitigated his losses
by securing employment with VVV Industries and VVV Kenya
Limited, where he earned a total sum of Kshs. 300,000.00 and
Kshs. 577,500.00, respectively, as income.
3. THAT the total sum therefore earned by the Plaintiff in his

subsequent employments aforesaid amounted to Kshs. 877,500.00
4. THAT however, at page 31 of the Plaintiffs written submissions

dated 19th December, 2000 and filed in this Honourable Court on
20th December, 2000,the Plaintiffs Advocates on record, herein
Messrs. Salim Dhanji & company, inadvertently miscalculated the
Plaintiffs income aforesaid and indicated that the Plaintiff had
earned a sum of Kshs. 877,500.00 from VVV Limited alone,
whereas the said sum was indeed the total sum of income earned
by the Plaintiff in his two subsequent employments aforesaid.
5. THAT pursuant to the aforesaid erroneous miscalculation, the

total amount of income earned by the Plaintiff from his subsequent
employments aforesaid purportedly amounted to Kshs.
1,177,500.00.
6. THAT uncontroverted evidence adduced by the Plaintiff at the

hearing of this suit and the Final written Submissions prepared
by the said Advocates on behalf of the Plaintiff at page 28
thereof, confirms that the Plaintiff indeed earned a total sum of
Kshs. 877,500.00 from his said subsequent employments, not
Kshs. 1,177,500.00 as erroneously computed by the Plaintiffs
Advocates.
7. THAT however, the learned trial Judge in his said Judgment, relied
on the Plaintiffs Advocates inadvertent arithmetical miscalculation
and deducted the erroneous sum of Kshs. 1,177,500.00 from the
amount of Kshs. 13,689,830.00 awarded to the Plaintiff on account
of loss of future earnings due to premature determination of the
Plaintiffs contract of employment as aforesaid.
8. THAT the aforesaid inadvertent arithmetical miscalculation of the

Plaintiffs said Advocates should not be visited on the litigant as
the same would occasion grave and substantial prejudice to the
Plaintiff.
9. THAT in view of the said arithmetical error contained in the said

Judgment, to date the Plaintiff is yet to extract the Final Decree
thereof as the same can only be extracted after due resolution by
the learned trial Judge of the actual amounts to be deducted from
the amount of Kshs.13,689,830.00 awarded to the Plaintiff on
account of loss of future earnings.
10. THAT unless the said Judgment is amended as prayed:-
(a) The Plaintiff would be unable to obtain his just fruits therefrom.
(b)The entire trial process would be rendered a nullity.
(c) The ends of justice and equity would be defeated and frustrated.
11. THAT in view of the foregoing, there is good and sufficient cause for
amendment of the said Judgment as prayed.
12. THAT this application has been made diligently and without
unreasonable delay.
13. THAT accordingly, in the interests of justice and fairness , the said
Judgment ought to be reviewed as prayed.
WHICH APPLICATION is further supported by the Affidavits of KKKKKKK
and on such other or further grounds as may be adduced at the hearing
thereof.
KKKKKKK AND COMPANY
ADVOCATES FOR THE PLAINTIFF/APPLICANT

DRAWN AND FILED BY:
KKKKKKK and Company

Advocates
House
P O Box
Nairobi
TO BE SERVED UPON:-
NOTE: If any party served does not appear at the place and time abovementioned,
such orders will be made and proceedings taken as the Court will deem just
and expedient.
Dismiss for want of prosecution Order 16 Rule 5(d)

REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATES COURT AT NAIROBI
(MILIMANI COMMERCIAL COURTS)
RMCC NO. PP OF 1995
XXXXXXXXXXXXX .. .. .. .. .. ..PLAINTIFF
-VERSUS -
YYYYYYYYY LIMITED .. .. .. .DEFENDANT
NOTICE OF MOTION
(Order XVI Rule 5(d) of the Civil Procedure Rules)
TAKE NOTICE THAT this Honourable Court will be moved on the

day of 2000 at 9.00 O'clock in the forenoon or soon
thereafter so as counsel for the Defendant may be heard on an application for
orders:-
1. THAT this suit be dismissed with costs for want of prosecution.
2. THAT the costs of this application and of the entire suit be awarded to
the Defendant.
WHICH APPLICATION is, based on the ground that the Plaintiff has
neglected and/or otherwise failed to set down the suit for hearing and/or or
otherwise failed to take any steps to prosecute the same for a period of over
twelve months.
AND WHICH APPLICATION is further supported by the annexed

affidavit of BBBBBBBBL.
VVVVVVVVV AND COMPANY

ADVOCATES FOR THE DEFENDANT
VVVVVVVVV and Company

Advocates
VVVVVVVVV House
VVVVVVVVVVVVVVVVVV
P.O. Box LLLLLL
NAIROBI.
TO BE SERVED UPON :.
BBBBBBBBL & Company

Advocates
5th Floor, Jubilee Place
Mama Ngina Street P.O. Box BBBBBBBBL
NAIROBI.
"If any Party served does not appear at the time and place above-
mentioned such order will be made and proceedings taken as the court
may think just and expedient."
REPUBLIC OF KENYA
RMCC NO. PP OF 1995
XXXXXXXXXXXXX .. .. .. .. .. .. . PLAINTIFF
-VERSUS -
YYYYYYYYY LIMITED .. .. .. ..DEFENDANT
AFFIDAVIT
I BBBBBBBBL of Post Office Number ,,,,,,,,,, Nairobi in the Republic of Kenya

do swear and solemnly state as follows:-
1. THAT I am an Advocate of the High Court of Kenya employed by and

practising with the firm of Messrs VVVVVVVVV & Company, Advocates,
VVVVVVVVV House, VVVVVVVVVVVVVVVVVV, P. O. Box LLLLLL,
Nairobi who have the conduct of this matter on behalf of the Defendant.
2. THAT in 1995, the Defendant instructed us to act in this matter.
3. THAT pursuant thereto, upon perusing the Plaint and Summons to Enter
Appearance, we entered appearance for the Defendant and on 8th March,
1995, filed the Defendant's Statement of Defence and Counterclaim.
4. THAT on 16th March, 1995, the Plaintiff filed his reply to Defence and
Counterclaim.
5. THAT when the case came up for hearing on 13 th September, 1996, the
same could not proceed since the Plaintiff was not present on the material
date as a consequence whereof the matter was stood over generally.
6. THAT the case was again fixed for hearing on 28th January, 1998 when the
same could not proceed since the Plaintiff's Advocate was apparently held
up in the Court of Appeal.
7. THAT on 19th November, 1997 the Plaintiff's Advocates Messrs

BBBBBBBBL invited our firm to attend the Registry for purposes of taking a
hearing date on 29th November, 1997 but no hearing date could be taken
on that day as the said date fell on a Saturday.
8. THAT thereafter, the Plaintiff refused, neglected and/or otherwise failed to

take out fresh hearing and has since refused, neglected, and/or otherwise
failed to take set down the suit for hearing and/or take any steps to
prosecute the same.
9. THAT I verily believe that this neglect and/or failure to set down the suit for
hearing amounts to an abuse of the process of this of this Honourable
Court.
10. THAT for reasons aforesaid, it is just and expedient that this case be
dismissed with costs for want of prosecution.
11. THAT I swear this Affidavit in support of the Defendant's Application herein
seeking the dismissal of this suit for want of prosecution.
12. THAT the matters deponed to herein are true to the best of my knowledge
save for matters deponed to on belief the grounds whereof have been
given and matters deponed to on information the sources whereof have
been disclosed.
SWORN by the said BBBBBBBBL )

at Nairobi on this day of 2000 )
)
)
)
BEFORE ME )
)
)
DRAWN AND FILED BY
VVVVVVVVV & Company

Advocates
VVVVVVVVV House
VVVVVVVVVVVVVVVVVV
P. O. Box LLLLLL
Nairobi.
LeavetoAppealoutoftimeSections79Gand95CPA&order49CPR
REPUBLICOFKENYA
INTHEHIGHCOURTATMACHAKOS
MISCELLANEOUSAPPLICATIONNO.OF2000
AAAAAAAAAALIMITED..PROPOSEDAPPELLANT
VERSUS
BBBBBBBBBBBPROPOSEDRESPONDENT
NOTICEOFMOTION
(Undersections79Gand95oftheCivilProcedureActand
OrderXLIXRule5oftheCivilProcedureRules)
TAKENOTICEthatthisHonourablecourtwillbemovedonthedayof
2000at9.00oclockintheforenoonorsoonthereaftersoasCounselforthe
proposedappellantmaybeheardonanapplicationfororders:
1. THAT the proposed Appellant be granted leave to appeal out of time
againstthewholejudgementoftheSeniorResidentMagistratesCourtat
Kangundodeliveredon7thApril,2000withoutnoticetotheapplicant.
2. THAT the Memorandum of Appeal annexed hereto be deemed as duly
filedandserved.
3. THATthecostsofthisapplicationbeprovidedfor.
WHICHAPPLICATIONisbasedonthefollowinggrounds:
a. That the Advocate for the Proposed Appellant was unaware of the
deliveryofjudgementasthesamewastohavebeendeliveredon9 th
March,2000onwhichdatetheResidentMagistratewasnotsittingand
no subsequent dates for judgement were given and none could be
establisheddespiteallduediligence.
b. Thatitwasnotuntilaproclamationwasissuedagainsttheproposed
appellanton19thApril,2000thatthesaidAdvocatebecameawarethat
judgementhadbeendelivered.
c. That soon thereafter on 20th April, 2000, the said Advocate filed an
application for stay of execution pending appeal in the Resident
MagistratesCourtwhichapplicationwasheardon28 thApril,2000and
rulingdeliveredon19thMay,2000.
d. ThatbythetimethesaidAdvocatecouldobtainsufficientinstructions
fromtheproposedappellant,thetimeallowedtofileanappealhadrun
out.
e. Thattheproposedrespondentisunlikelytosufferanyprejudice.
AND WHICH APPLICATION is supported by the annexed affidavit of
EEEEEEEEE Advocateandotherreasonsandgroundsasmaybeadduced
atthehearinghereof.
DATEDatNairobithisdayof2000.
BBBBBBBBBBBANDCOMPANY
ADVOCATESFORTHEPROPOSEDAPPELLANTS
DRAWNANDFILEDBY:
BBBBBBBBBBBandCompany
Advocates,
BBBBBBBBBBBHouse,
BBBBBBBBBBBBBBBBBBBBBB,
P.O.Box,
NAIROBI.
TOBESERVEDUPON:
NNNN&Company
P.O.Box
NAIROBI.
If any party served does not appear at the time and place above
mentioned such order will be made and proceedings taken as the
court may think just and expedient.
LeavetoAppealoutoftimeSections79Gand95CPA&order49CPR
REPUBLIC OF KENYA
INTHEHIGHCOURTATMACHAKOS
MISCELLANEOUSAPPLICATIONNO.OF2000
AAAAAAAAAALIMITED..PROPOSEDAPPELLANT
VERSUS
BBBBBBBBBBBPROPOSEDRESPONDENT
NOTICEOFMOTION
(Undersections79Gand95oftheCivilProcedureActand
OrderXLIXRule5oftheCivilProcedureRules)
TAKENOTICEthatthisHonourablecourtwillbemovedonthedayof
2000at9.00oclockintheforenoonorsoonthereaftersoasCounselforthe
proposedappellantmaybeheardonanapplicationfororders:
4. THAT the proposed Appellant be granted leave to appeal out of time
againstthewholejudgementoftheSeniorResidentMagistratesCourtat
Kangundodeliveredon7thApril,2000withoutnoticetotheapplicant.
5. THAT the Memorandum of Appeal annexed hereto be deemed as duly
filedandserved.
6. THATthecostsofthisapplicationbeprovidedfor.
WHICHAPPLICATIONisbasedonthefollowinggrounds:
f. That the Advocate for the Proposed Appellant was unaware of the
deliveryofjudgementasthesamewastohavebeendeliveredon9 th
March,2000onwhichdatetheResidentMagistratewasnotsittingand
no subsequent dates for judgement were given and none could be
establisheddespiteallduediligence.
g. Thatitwasnotuntilaproclamationwasissuedagainsttheproposed
appellanton19thApril,2000thatthesaidAdvocatebecameawarethat
judgementhadbeendelivered.
h. That soon thereafter on 20th April, 2000, the said Advocate filed an
application for stay of execution pending appeal in the Resident
MagistratesCourtwhichapplicationwasheardon28 thApril,2000and
rulingdeliveredon19thMay,2000.
i. ThatbythetimethesaidAdvocatecouldobtainsufficientinstructions
fromtheproposedappellant,thetimeallowedtofileanappealhadrun
out.
j. Thattheproposedrespondentisunlikelytosufferanyprejudice.
AND WHICH APPLICATION is supported by the annexed affidavit of
EEEEEEEEE Advocateandotherreasonsandgroundsasmaybeadduced
atthehearinghereof.
DATEDatNairobithisdayof2000.
BBBBBBBBBBBANDCOMPANY
ADVOCATESFORTHEPROPOSEDAPPELLANTS
DRAWNANDFILEDBY:
BBBBBBBBBBBandCompany
Advocates,
BBBBBBBBBBBHouse,
BBBBBBBBBBBBBBBBBBBBBB,
P.O.Box,
NAIROBI.
TOBESERVEDUPON:
NNNN&Company
P.O.Box
NAIROBI.
If any party served does not appear at the time and place above
mentioned such order will be made and proceedings taken as the
court may think just and expedient.
Motion stay of execution
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
CIVIL CASE NO. XXX OF 1998
UUUUUU
DDDDDD........................................................................PLAINTIFFS
VERSUS
PPPPP.................................................................DEFENDANT
AND
FFFFFFF LIMITED...............................................................THIRD PARTY
CERTIFICATE OF URGENCY
We, XXX & COMPANY ADVOCATES, who have the conduct of this
suit on behalf of the Plaintiffs, hereby certify that this Application is
extremely urgent and should be heard on a priority basis in that the
Plaintiffs are threatened with imminent execution of the Decree herein.
If the said execution occurs before this Application is heard and the
orders sought therein granted, the Plaintiffs will suffer irreparable loss
and damage, hence the urgency of this Application.
XXX & COMPANY

ADVOCATES FOR THE PLAINTIFFS
DRAWN & FILED BY:
XXX & Company,

Advocates,
Fffffff,
Arboretum ,
P. O. Box XXXXX,
00100 NAIROBI.
REPUBLIC OF KENYA
UUUUUU
VERSUS
PPPPP.................................................................DEFENDANT
AND
KENYA ROADWAYS
LIMITED...............................................................THIRD PARTY
NOTICE OF MOTION
(Order XL1, Rule 4 (1) (2), Order L Rule 1 of the Civil

Procedure Rules, Section 3A of the Civil Procedure Act and all
other enabling provisions of Law)
TAKE NOTICE that this Honourable Court will be moved on the

day of 2002 at 9.00 oclock in the forenoon or so soon
thereafter so as the Counsel for the Plaintiff may be heard on an
application for ORDERS:
1. THAT service of this Application be dispensed with in the first

instance in view of its urgency.
2. THAT this Honourable Court be pleased to stay the execution of
the Decree in respect of the judgment entered herein on 5 th
February, 2002 and any other order that may be issued pursuant
thereto, pending Appeal.
3. THAT the costs of this Application be provided for.
WHICH APPLICATION is based on the following grounds:
(a) THAT the Applicant has an arguable Appeal with a high

probability of success.
(b) THAT if the said stay of execution is not granted, the Applicants
Appeal will be rendered nugatory and the Applicants will suffer
irreparable damage.
(c) THAT unless the Application is granted, the Respondent will levy
execution against the Applicants in an effort to recover its costs.
(d) THAT the Applicants are ready and willing to deposit such
nominal sum as this Honourable Court may order to be so
deposited into Court as condition for stay.
(e) THAT substantial loss will result to the Applicants unless the
orders sought are granted.
(f) THAT this Application has been made without unreasonable
delay.
(g) THAT the Application ought to be granted in the interests of

equity and
justice.
WHICH APPLICATION is supported by the annexed Affidavits of

UUUUUU, DDDDDD and and further on such other arguments,
reasons and grounds that may be adduced at the hearing hereof.
XXX & COMPANY

ADVOCATES FOR THE PLAINTIFFS
DRAWN & FILED BY:
XXX & Company

Advocates,
Fffffff,
Arboretum ,
P. O. Box XXXXX,
00100 NAIROBI.
TO BE SERVED UPON:
Muriu Mungai & Company

Advocates,
View Park Towers, 19th Floor
Monrovia Street
P. O. Box ,
NAIROBI.
Muira & Company

Advocates,
House,
4th Floor,
Haile Selassie Avenue,
P. O. Box ,
NAIROBI.
Note: If any party served does not appear at the
time and place above mentioned, such orders will be
made and proceedings taken as the Court may think
just and expedient.
REPUBLIC OF KENYA
UUUUUU
VERSUS
PPPPP.................................................................DEFENDANT
AND
KENYA ROADWAYS
AFFIDAVIT
I, UUUUUU, residing at Nairobi and care of Post Office Box Number

Nairobi, hereby make oath and state as follows:
1. THAT I am the first Plaintiff in this case and the second Plaintiff is
my daughter. I am therefore competent to swear this Affidavit.
2. THAT this suit was instituted on 29 th April, 1998 by way of Plaint.

In it, my daughter and I were seeking damages occasioned by the
loss of my husband through a road traffic accident.
3. THAT the suit was fully heard on 30th January, 2002 by the
Honourable Lady Justice Angawa who reserved her judgment
until 5th February, 2002.
4. THAT on 5th February, 2002, the Honourable Lady Justice

Angawa delivered her judgment by which she dismissed our suit
with costs to the Defendant.
5. THAT I am aggrieved and dissatisfied with the said judgment and

have instructed our Advocate on record, to appeal against the
same.
6. THAT I am aware that, on 7th February, 2002, two days after the
delivery of the judgment, our Advocates on record filed a Notice
of Appeal and requested for typed proceedings. Annexed hereto
and marked as exhibits DKR1 and DKR2 are true copies of
the Notice of Appeal and the letter to the Deputy Registrar
requesting for typed proceedings.
7. THAT I am informed by the said Advocates that the proceedings

of all that has transpired in this case are yet to be typed and it is
impossible to lodge the Appeal without them. In the
circumstances, I am advised that we have to wait until the
Registry personnel complete the typing.
8. THAT as I testified during the hearing of this case on 30 th January,

2002, I am a widow and I am supported to a large extent by my
religious community. Consequently, I cannot afford to deposit the
estimated costs occasioned by this suit as a condition for stay.
9. THAT if the amount of costs (when taxed) is paid over to the

Defendant, the intended Appeal will be rendered nugatory and
the I will suffer irreparable loss and damage.
10. THAT in view of the foregoing, unless the Application for stay is
heard urgently on a priority basis, the Defendant threatens to
levy execution and attachment. I am advised by my Advocates on
record that, the Defendant did, on 2 nd April, 2002, lodge its Bill of
Costs for taxation. I am further advised that the taxation is
scheduled for 28th May, 2002.
11. THAT I swear this Affidavit in support of the Application annexed

hereto for stay of execution pending Appeal to be heard as a
matter of extreme urgency.
12. THAT what is deponed to hereinabove is true to the best of my

knowledge save to matter deponed to on information sources
whereof have been disclosed and matters deponed to on belief,
whereupon the grounds have been given.
SWORN by the said )

)
UUUUUU )
)
at Nairobi this day of 2002)
)
)
)
)
BEFORE ME )
)
)
DRAWN & FILED BY:
XXX & Company

Advocates,
Fffffff,
Arboretum ,
P. O. Box XXXXX,
00100 NAIROBI.
TO BE SERVED UPON:
XXXXX & Company

Advocates,
Monrovia Street
P. O. Box XXXX,
NAIROBI. Ref:-
XXX & Company

Advocates
House
4th Floor
Haile Selassie Avenue
P O Box XXXXX
NAIROBI. Ref.
REPUBLIC OF KENYA
UUUUUU
VERSUS
PPPPP.................................................................DEFENDANT
AND
KENYA ROADWAYS
AFFIDAVIT
I, DDDDDD, residing at Nairobi and care of Post Office Box Number

5XXX Nairobi, hereby make oath and state as follows:
1. THAT I am the second Plaintiff in this case and the first Plaintiff is
my mother. I am therefore competent to swear this Affidavit.
2. THAT I have read and understood the contents of paragraphs 2 to 8

of my mothers Affidavit and I can confirm that the same are true
and accurate.
3. THAT I am also aggrieved by the judgment delivered on 5 th
February, 2002 by the Honourable Lady Justice Angawa and would
like to appeal against the same.
4. THAT I am advised by our Advocates on record that the initial steps

in lodging an Appeal are to file a Notice of Appeal and request for
typed proceedings. I am aware that the said Notice of Appeal has
been filed and served and a letter requesting for typed proceedings
has already been sent to the Deputy Registrar.
5. THAT unless the Application for stay of execution is heard and the
orders sought therein granted, the Defendant will commence
execution proceedings to my utter loss and damage.
6. THAT I have just began working recently and I earn a modest salary
and I am not in any position to meet the Defendants costs when
taxed. I therefore ask that this Court do stay the execution of the
Decree pending the Appeal, which I believe has good chances of
success.

hereto for stay of execution pending appeal to be heard as a matter
of extreme urgency.

SWORN by the said )
)
DDDDDD )
)
)
)
)
)
BEFORE ME )
)
)
DRAWN & FILED BY:
XXX & Company

Advocates,
Fffffff,
Arboretum ,
P. O. Box XXXXX,
00100 NAIROBI.
TO BE SERVED UPON:
XXXXXX & Company

Advocates,
Monrovia Street
P. O. XXXX,
NAIROBI. Ref:-
XXX& Company
Advocates
House
4th Floor
P O Box XXXXX
NAIROBI. Ref.
REPUBLIC OF KENYA
UUUUUU
VERSUS
PPPPP.................................................................DEFENDANT
AND
KENYA ROADWAYS
AFFIDAVIT
I, , residing at Nairobi and of Post Office Box Number Nairobi, hereby

make oath and state as follows:
1. THAT I am a member of the Sikh Community and the two

Plaintiffs in this case are well known to me.
2. THAT I do know for a fact that the first Plaintiff is a widow and
housewife since May 1996 when her husband passed away in a
road traffic accident.
3. THAT I am the person who recommended that the Plaintiffs file a
suit through Messrs. XXX & Company Advocates for recovery of
damages. I have been constantly updated of the progress of this
matter.
4. THAT I am aware that the firm above mentioned did waive fees
on account of the Plaintiffs impecunious disposition.
5. THAT I am also aware that Mrs. Rupra and her daughter have
been receiving financial support and necessaries from our
religious community since the death of her husband.
6. THAT I know that this suit was dismissed with costs on 5 th

February, 2002 and an Appeal has been instituted against the
said decision.
7. THAT if the Defendant executes against the first Plaintiff in

pursuit of his costs, then the first Plaintiff will suffer immense loss
and damage. I urge this Court to stay execution pending the
hearing and determination of the Appeal.

hereto for stay of execution pending appeal to be heard as a
matter of extreme urgency.

SWORN by the said )

)
)
)
)
)
)
BEFORE ME )
)
)
DRAWN & FILED BY:
XXX & Company

Advocates,
Fffffff,
Arboretum ,
P. O. Box XXXXX,
00100 NAIROBI.
TO BE SERVED UPON:
XXXXX & Company

Advocates,
Monrovia Street
P. O. Box XXXXX,
NAIROBI. Ref:-
Muira & Company

Advocates
House
4th Floor
P O Box XXXXXX
NAIROBI. Ref.
Notice of change of advocates

REPUBLIC OF KENYA
IN THE SENIOR PRINCIPAL MAGISTRATES COURT AT
NAIROBI MILIMANI COMMERCIAL COURTS
CIVIL SUIT NO. xxxxxxx OF 1999
XXXXXXX
T/A XXXXXXX MOTOR WORKS.. .. .. PLAINTIFF
VERSUS
XXXXXXX COMPANY LTD.. .. .. DEFENDANT
NOTICE OF CHANGE
TAKE NOTICE that Xxxxxxx and Company, Advocates, Central Building, 1 st Floor, P O
Box xxxxxxx, Nairobi has been appointed by the Plaintiff to act on his behalf in
place of Xxxxxxx and Company Advocates New Hurlingham Plaza P. O. Box
xxxxxxx Nairobi. ALL future correspondence should be addressed to Xxxxxxx
and Company, Advocates aforesaid.
DATED this day of 1999.
XXXXXXX AND COMPANY

ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY:-
Xxxxxxx and Company,

Advocates
Central Building
1st Floor
P.O Box xxxxxxx
NAIROBI (Advocates for the Plaintiff)
TO BE SERVED UPON:-
Xxxxxxx & Company
Advocates
New Hurlingham Plaza
P.O Box xxxxxxx
NAIROBI
Plaint accident vehicle
Material damage to motor vehicle.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE'S COURT AT NAIROBI

CIVIL CASE EJ OF 2001
BBBBBBBBBB ... PLAINTIFF
VERSUS
EEEEEEEEEEEE. 1st DEFENDANT

DDDDDDDDDD.2nd DEFENDANT
AMENDED PLAINT
1. The 1st Plaintiff is an adult female of sound mind residing and

working for gain as an Advocate of the High Court of Kenya with
the firm of RRRR & Company Advocates in Nairobi within the
Republic of Kenya. Her address for service for the purposes of this
suit is care of RRRR and Company Advocates, FFFFFFFF House,
FFFFFFFF , Post Office Box Number RRRR, Nairobi.
2. The 1st and 2nd Defendants are male adults of sound mind residing
and working for gain in Nairobi within the Republic of Kenya.
Service of Summons upon both Defendants shall be effected
through the Plaintiff's Advocates' offices.
3. At all material times, the 1st Defendant was the registered owner
of motor vehicle registration number RRRR 561, while the 2 nd
Defendant was the servant, agent and/or employee of the 1 st
Defendant.
4. On or about the 12 th day of May, 2000, the Plaintiff was lawfully

driving her motor vehicle, Daewoo Ciello registration Number JJJ
544J along Haile Selassie Avenue Nairobi at about 4.45 p.m., when
the 1st Defendant, in the ordinary course of his employment so
carelessly, negligently and/or recklessly drove, managed and/or
controlled motor vehicle registration Number RRRR 561 that he
caused the same to collide with the Plaintiff's said motor vehicle as
a result whereof the Plaintiff suffered whip lash injuries to her neck
and lower back. The Plaintiff's motor vehicle was also extensively
damaged, thereby occasioning substantive loss and damage to the
Plaintiff.
PARTICULARS OF THE 1ST DEFENDANT'S NEGLIGENCE

a) Failing to keep any or any proper look out or to have any
sufficient regard for other lawful users of the road, the Plaintiff
included.
b) Driving at a speed that was excessive in the circumstances.
c) Failing to see the Plaintiff in sufficient time or at all so as to
avoid the said collision.
d) Failing to stop in time or at all so as to avoid the said collision.
e) Failing to give any or any adequate warning or signal of his
approach.
f) Failing to slow down, stop, swerve, brake or in any other way
maneuver the said motor vehicle under his control so as to avoid
the said accident.
g) Colliding into the rear of the Plaintiff's motor vehicle aforesaid
thereby causing damage to its rear.
h) Causing the Plaintiff to ram into the rear of another vehicle in
front thereby damaging the front of the Plaintiffs motor vehicle
aforesaid.
i) Failing to adhere to the provisions of the Highway Code (Chapter
403 of the Laws of Kenya).
6. So far as is necessary, the Plaintiff will rely on the doctrine of "Res

lpsa Loquitur".
7. By reason of the matters aforesaid, the Plaintiff's motor vehicle
was extensively damaged both at the rear and the front.
PARTICULARS OF DAMAGE TO THE PLAINTIFF MOTOR VEHICLE

a) Damage to the boot lid hinge covering.
b) Damage to the boot lock
c) Damage to the tail light panel
d) Damage to the rear right tail light
e) Damage to the rear number plate light
f) Damage to the rear axle
g) Damage to the front bumper bar
h) Damage to the entire rear bumper
i) Damage to the front right hand seat tilt bracket
PARTICULARS OF INJURIES SUFFERED BY THE PLAINTIFF

Whip lash injuries resulting in:-
(a) swelling of the lower back muscles
(b) swelling of the lower neck muscles causing the Plaintiff to
suffer a stiff neck for several days
8. As a consequence of the said accident the Plaintiff has suffered

loss and damage.
PARTICULARS OF SPECIAL DAMAGE
(a) Repair costs to the Plaintiff's motor vehicle
together with interest thereon at the commercial
rates (currently at 33% p.a.) from 26th June 2000 until
payment in full. K.Shs.
219,854.00
(b) Assessment fees together with interest

Thereon at 33% p.a. from 27th June, 2000 K.Shs. 5,400.00
(c) Police Abstract K.Shs. 100.00
(d) Excess on the Policy together with interest
d thereon at the commercial rates (currently
e at 33% p.a.) from 31st May 2000 until payment in full. K.Shs.
25,000.00
(e) Towing Charges K.Shs. 3,000.00
(f) Costs for hire by the Plaintiff of motor
vehicle from Avenue Service Station (1977)
Limited for use by the Plaintiff whilst her motor
vehicle was undergoing repairs together with
interest thereon at the commercial rates
(currently at 33% p.a.) from 11th July 200 until
payment in full. K.Shs. 56,472.95 less K.Shs. 2,282.20
on account of petrol charges K.Shs. 54,190.95
(g) Medical expenses K.Shs. 10,500.00

---------------------
TOTAL K.Shs. 317,544.75
9. The Plaintiff avers that the 2 nd Defendant is vicariously liable to the

Plaintiff in respect of the said loss and damage.
10. Despite demand having been made and intention to sue having
been given, the Defendants have failed, refused and/or ignored to
settle the Plaintiff's claim.
11. The Plaintiff avers that there is no other suit pending and further
avers that there have been no previous proceedings in any Court
between the Plaintiff and the Defendant over the same subject
matter.
12. The cause of action arose at Nairobi within the jurisdiction of this
Honourable Court.
REASONS WHEREFORE the Plaintiff prays for judgment against the

1st and 2nd Defendants jointly and severally for;
a) Special damages in the sum of KShs. 317,544.75 together with

interest thereon at prevailing commercial rates (currently at 33%
p.a.) from the respective dates on which each payment became
due until payment in full.
b) Costs of the suit and interest thereon.
c) Any other or further relief that this Honorable Court may deem fit
and just to grant.
RRRR AND COMPANY

DRAWN AND FILED BY:
RRRR & Company

Advocates
FFFFFFFF House
FFFFFFFF
P 0 Box RRRR
NAIROBI
TO BE SERVED UPON
(Through the Plaintiff's Advocates' Offices)
1. DDDDDDD
2 EEEEEEEE
Plaint accident Negligence-personal injury claim
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE'S COURT AT NAIROBI
CIVIL CASE NO. OF 1998
AAAAAAAAAAAAAAAAAAAA.PLAINTIFF
-VERSUS-
SSSSSSSSSSSSSSSSDEFENDANT
PLAINT
1. The Plaintiff is an adult male of sound mind residing
and working for gain in Nairobi within the Republic of
Kenya. His address for service for the purpose of this
suit is care of KKKKKKK and Company Advocates, KKKKKKK
House, KKKKKKK, P O Box KKKKKKK Nairobi.
2. The Defendant is an adult male of sound mind residing
and working for gain in Nairobi within the Republic of
Kenya. Service of Summons upon him shall be effected
through the Plaintiff's Advocates' office.
3. At all material times, the Defendant was the registered
owner of motor vehicle registration number KKK 697PPR.
4. On or about the 2nd day of .. 1997, the Plaintiff was
lawfully walking on the side walk off ,,,,,,, Road,
Nairobi, when the Defendant's driver, servant, employee
or agent so carelessly, negligently, and/or recklessly
drove, managed and/or controlled motor vehicle

registration Number KKK 697PPR that he caused the same
to hit and knock down the Plaintiff.
PARTICULARS OF NEGLIGENCE ON THE PART OF THE DEFENDANT'S
SAID DRIVER, SERVANT, EMPLOYEE OR AGENT
a) Failing to keep any or any proper look out or to have
any sufficient regard for other lawful users of the
road generally and the Plaintiff in particular.
b) Driving at a speed that was excessive in the
circumstances.
c) Failing to see the Plaintiff in sufficient time or at
all so as to avoid the said accident.
d) Failing to stop in time or at all so as to avoid the
accident.
e) Failing to slow down, stop, swerve, brake or in any
other way maneuver the said motor vehicle under his
control so as to avoid the said accident.
f) Driving off the road on to the sidewalk and hitting the
Plaintiff thereat.
g) Failing to adhere to the provisions of the Highway
Code.
5. So far as is necessary, the Plaintiff will rely on the
doctrine of "Res ipsa Loquitur".
6. By reason of the matter aforesaid, the Plaintiff
sustained severe physical injuries. He thus suffered
loss and damage for which he holds the Defendant
liable.
PARTICULARS OF THE PLAINTIFF'S INJURIES
a) Injuries to the head, left arm, left leg and chest.
b) Fracture of left humerous, left medial and lateral
malleolus.
And the Plaintiff claims damages.
7. Despite demand having been made and notice of intention
to sue having been given, the Defendant has failed,
refused, and/or neglected to settle the Plaintiff's
claim or any part thereof or at all thereby rendering
this suit necessary.
8. The cause of action arose at Nairobi within the
jurisdiction of this Honourable Court.

REASONS WHEREOF the Plaintiff prays for judgment
against the Defendant for:
a) General damages for pain, suffering and loss of
amenities.
b) Any other or further relief that this Honourable
Court may deem fit and just to grant.
KKKKKKK AND COMPANY

DRAWN AND FILED BY:
KKKKKKK and Company

Advocates
KKKKKKK House
KKKKKKK
P O Box KKKKKKK
Nairobi
TO BE SERVED UPON:
(Through the offices of the Plaintiff's Advocates)
SSSSSSSSS
P O Box
Nairobi
Plaint breach of agreement
REPUBLIC OF KENYA

CIVIL CASE NO OF 2000
****** STEEL WORKS

KENYA LIMITED.....PLAINTIFF
VERSUS
The Attorney General on behalf of

THE MINISTRY OF HEALTH...1ST DEFENDANT
HON.JUSTICE(RTD) ******..2ND DEFENDANT
PLAINT
1. The Plaintiff is a limited liability Company having been duly

registered as such pursuant to the provisions of the Companies Act,
Cap. 486 of the Laws of Kenya having its registered and principal
office at Nairobi within the Republic of Kenya. Its address for service
for the purposes of this suit is care of ****** & Company, Advocates,
******, Arboretum Drive, P. O. Box ******, Nairobi.
2. The 1st Defendant is the Ministry of Health, a government

department in the Republic of Kenya which is charged with all
matters related to Public Health and therefore responsible for ******
Hospital Nyayo Wards Project which is attached to ****** District
Hospital. Service of summons will be effected upon it through the
offices of the Plaintiff.
3. The 2nd Defendant is an adult male of sound mind residing in Nairobi
in the aforesaid Republic. Service of Summons will be effected upon
him through the Plaintiffs Advocate's offices aforesaid.
4. The Plaintiff was and is still engaged in the business of, inter alia,
manufacturing and selling steel rods and billets and other co-related
products (hereinafter referred to as "the said goods").
5. At all material times, the 1st Defendant was a customer of the

Plaintiff and the 2nd Defendant was the Project Co-ordinating
Chairman of the ****** Hospital Nyayo Wards Project. The 2 nd
Defendant was also the Financial Controller of the Project and acted
as agent of the 1st Defendant in soliciting for the said goods.
6. In or about August 1996, the Plaintiff entered into an Agreement

(hereinafter referred to as "the said Agreement) with the 1 st and 2nd
Defendants under which the Plaintiff would sell and deliver the said
goods to the 1st Defendant for purposes of constructing the ******
Hospital Nyayo Wards Project (hereinafter referred to as the said
project).
PARTICULARS OF THE SAID AGREEMENT:
The said Agreement was made partly orally, partly in writing and
partly by conduct.
(i) In so far as it was oral, the said Agreement was made in or

about August 1996 during discussions held between the Late
Mr. N.C. Patel (the then Senior Executive Sales and Marketing
Manager), Mr. V.D. Popat (the Sales Manager of the Plaintiff)
and the 2nd Defendant herein above.
(ii) In so far as it was in writing, the said Agreement was contained
in or can be inferred from the following documents:
(a) Account Statement for the period August 1996 to April 1997.
(b) Delivery notes issued for the period 17 th August, 1996 to 2nd
November, 1996.
(c) Invoices dispatched with the said goods for the period 17 th
August, 1996 to 2nd November, 1996.
(d) Orders in respect of 1120 pieces of Square Twisted Steel Bars
for the period 17th August, 1996 to 2nd November, 1996.
(e) Credit notes dated 2nd November, 1996, 29th August, 1996 and
17th August, 1996 respectively.
(f) Various correspondence exchanged between the Plaintiff and
the 2nd Defendant and a demand notice from the Plaintiff to
the 1st Defendant dated 21st April 1999.
At the hearing of this suit, the Plaintiff shall crave the leave of
the Court to refer to and produce its copies of the said
documents for their full meaning, terms and effect thereof.
(iii) In so far as the said agreement was in conduct, the same

consisted of or is to be inferred from course of dealings
between the parties, whereby:-
(a) The Plaintiff delivered and sold the said goods at the
request of the 2nd Defendant on behalf of the 1st Defendant.
(b) The Plaintiff delivered the said goods to the said project's
construction site.
(c)The 1st and 2nd Defendant acted in a manner that suggested

that they would honour the terms and conditions of the said
agreement and stipulations contained in the documents
aforementioned.
7. To the extent that they are material to this suit, the terms and
conditions of the said agreement included, but were not limited to
the following:-
a) The 1st and 2nd Defendant would place an order for the said goods to
the Plaintiff.
b) Upon receiving an order, the Plaintiff would then prepare a delivery

note and dispatch the same, together with the goods ordered.
c) The price of the said goods was fixed.
d) Payment of the said goods was effected by credit notes or cash

issued by the 1st and 2nd Defendant in favour of the Plaintiff.
8. The Plaintiff and both the Defendants herein, commenced and
continued trading in accordance with the terms of the said
agreement.
9. The said project was subsequently completed. Supply and delivery

of the said goods was made in time and in good faith with the
expectation that the 1st and/or 2nd Defendant would make payment
without any delay once the said project was completed.
10. In flagrant breach to the terms of the said agreement, the 1 st and
2nd Defendants have neglected and/or refused to make good their
part of the said agreement and this despite the Plaintiff forwarding
invoices, statement of accounts and a letter dated 21 st April, 1999 to
the 1st Defendant indicating the outstanding amount on April 1999
as KShs.289,796.30. To date the 1 st and 2nd Defendants have failed
to settle the said amount with the result that the same remains due
and owing to the Plaintiff.
11. Accordingly, the Plaintiffs claim against the 1st and 2nd
Defendants is for the sum of Kshs.289,796.30 together with interest
thereon at the rate of 3% per month from 30th June, 2000 until
payment in full.
12. Notwithstanding the demand notice dated 29 th September, 1999

having been forwarded to the 1st Defendant and notice of intention
to sue having been given, the 1 st and 2nd Defendants have
neglected, refused and/or otherwise failed to settle the amount due
or any part thereof.
13. This cause of action arose in Nairobi within the jurisdiction of this
Honourable Court.
14. There is no suit pending and there have been no previous

proceedings in any Court between the Plaintiff and the Defendants
in relation to the above-mentioned matter within the jurisdiction of
this Honourable Court.
REASONS WHEREFORE the Plaintiff prays that judgement be entered

against the 1st and 2nd Defendant jointly and severally for: -
a) The principal sum of Kshs.289,796.30 set out in paragraph 11

hereinabove together with interest thereon at the rate 3% per
month, from 30th June, 2000 till payment in full to date plus costs.
b) Costs of this suit together with interest thereon at such rate and for
such period as this Honourable Court may deem fit to order.
c) Any other just and equitable relief as this Honourable Court may
deem appropriate.
DATED at Nairobi this day of

2000.
****** & COMPANY
DRAWN AND FILED BY:
****** & Company,

Advocates,
******,
Arboretum Drive,
P. O. Box ******,
NAIROBI.
TO BE SERVED UPON:
(Through the Plaintiff's Advocates Office)
1. The Ministry of Health,

Afya House,
Cathedral Road,
P. O. Box 30016,
NAIROBI.
2. Hon.Justice (Rtd) ******,

P.O. Box cccccc,
NAIROBI.
Plaint breach of sale of land
REPUBLIC OF KENYA
HIGH COURT CIVIL CASE NO. OF 1997
YYYYYYY.. .. .. .. PLAINTIFF
-VERSUS-
XXXXXXXXX .. .. .. .. .. DEFENDANT
PLAINT
1. The Plaintiff is an adult male of sound mind residing and working for
gain in Nairobi within the Republic of Kenya. His address of service

for the purposes of this suit is care of YYYYYYY and Company
Advocates, YYYYYYY, Arboretum Drive, Post Office Box Number
YYYYYYY,Nairobi.
2. The Defendant is an adult male of sound mind admitted and
practising as an advocate of the High Court of Kenya in the name of
YYYYYYY and Company Advocates and service of Summons upon the
Defendant shall be effected through the Plaintiffs Advocates offices.
3. At all material times, the Defendant was practising as an advocate of
the High court of Kenya under the name YYYYYYY & Company
Advocates.
4. By an Agreement (hereinafter called the said Agreement) made on
or before March 1995 between the Plaintiff and Kenya Breweries
Limited (hereinafter called KBL) KBL agreed to sell to the Plaintiff,
and the Plaintiff agreed to purchase the parcel of land known as L.R.
No. 11646/4 (hereinafter referred to as the said parcel of land)
situate in Rigdgeways, Nairobi in the sum of KShs.4,400,000/=. The
sum of KShs. 440,000/= being 10% of the purchase price was paid
directly to KBL as stakeholder by the Plaintiff leaving the sum of
Kshs.3,960,000/= as the balance of the purchase price for the said
parcel of land. The Plaintiff will crave the leave of this Honourable
Court at the hearing to refer to the said Agreement for its full tenor,
meaning and effect.
5. The said Agreement was varied to the extent that the same was
signed by the parties on 8th June 1995.
6. On or about 17th May, 1995, and in pursuance of the said
Agreement, the Plaintiff orally instructed the Defendant in his
capacity as an Advocate of the High court of Kenya to act on his
behalf in the purchase and transfer of the said parcel of land from
KBL to the Plaintiff which instructions the Defendant duly accepted.
7. Pursuant to the foregoing, the Plaintiff in accordance with the
Defendants instructions paid to the Defendant the following sums of
money in May 1995:
(i) KShs.30,000/- on account of the deposit of the Defendants
legal fees;
(ii) KShs. 3,960,000/= on account of the balance of the
purchase price aforesaid,
8. The Plaintiff avers that it was agreed between the Plaintiff and the
Defendant that the sum of KShs. 3,960,000/= aforesaid was to be
held by the Defendant in trust for the Plaintiff and that the same was
to be forwarded by the Defendant to KBLs Advocates Messrs

YYYYYYY Advocates upon the successful registration of the Transfer
in favour of the Plaintiff by the Defendant.
9. The Plaintiff avers that it was further expressly and/or impliedly
agreed between the Plaintiff and the Defendant inter alia, that:
(i) the Defendant would deposit the amount of the balance of
the purchase price i.e. KShs. 3,960,000/- aforesaid in an
interest bearing account pending his completion of the sale
and transfer,
(ii) the interest earned on the sum on the sum of KShs.
3,960,000 aforesaid would be apportioned by the Defendant
partly towards the payment of Stamp Duty on the Transfer
and partly towards the settlement of the balance of the
Defendants legal fees.
(iii) The balance on the interest earned would be paid to the
Defendant.
10. Pursuant to the foregoing and with a view to ascertaining the
progress made by the Defendant in respect of the said transfer, the
Plaintiff wrote various and several letters to the Defendant dated
21st November 1995, 10th, 19th and 22nd January, 1996
respectively
seeking confirmation by the Defendant that he (the Defendant) had
inter alia, registered the Transfer in his favour, and further that the
Defendant had forwarded the balance of the purchase price in the
sum of KShs. 3,960,000/= aforesaid to the Vendors advocates,
Messrs YYYYYYY Advocates. The Plaintiff avers that the Defendant
did not respond to any of the letters aforesaid.
11. During this period the Plaintiff and his wife made various visits to
the Defendants office with a view to trying to meet with him in order
to find out not only how far this transaction had progressed but also
as he was becoming increasingly worried about the money he had
given to the Defendant. The Plaintiff also made numerous telephone
calls. Both the visits and the telephone calls to the Defendants office
were to no avail as the Defendant either avoided meeting with the
Plaintiff or his wife, or refused and/or avoided taking any telephone
calls from either of them.
12. The Plaintiff subsequently reported the matter to the Attorney
General, the Law society of Kenya as well as the Chief Justice. The
Attorney General advised the Plaintiff to report the matter to the
Complaints Commissioner which the Plaintiff did vide his letter dated
The Plaintiff avers that he was also advised by both the
Chief Justice as well as the Complaints Commissioner to seek the

assistance of the Police as well as instruct another Advocate to assist
him to recover the monies paid to the Defendant and finalise the
transaction to its logical conclusion respectively.
13. As the Plaintiff was becoming increasingly desperate to complete
the sale, he retained Messrs YYYYYYY and Company Advocates in
April, 1996 to pursue the purchase and transfer of the said property
to its logical conclusion on his behalf.
14. As a result of not being able to obtain neither his documents nor
his money from the Defendant, the Plaintiff was able to discover that
the Defendant had received all the necessary documents from
Messrs YYYYYYY under their cover letter as early as 16th October,
1995 which documents would have enabled the Defendant to effect
the registration of the Transfer in favour of the Plaintiff in October
1995. The Plaintiff avers that the Defendant not only negligently
omitted to complete the sale transaction in time or at all but also
failed in October 1995 to forward the aforesaid sum of KShs.
3,960,000/= to the Vendors advocates aforesaid. Further, the
Defendant in clear breach of the agreement between himself and the
Plaintiff, failed or omitted to place the said monies in an interest
bearing account or at all. As a result of the Defendants negligence,
the Plaintiff has suffered loss and damage

PARTICULARS OF LOSS AND DAMAGE
The Plaintiff claims from the Defendant the total sum of
KShs.1,254,320/= made up as follows:
(a) The sum of KShs.792,000/= being interest earned on the said
sum of KShs.3,960,000/= for the period between the 17th May
1995 and 10th June, 1996 at the rate of 20% per annum.
(b) The sum of KShs.112, 320/= being the Plaintiffs total cost of
transportation both by air and by road between Mombasa and
Nairobi between July 1995 and June 1996 for purposes of meeting
the Defendant and to check on the general progress made by the
Defendant on the transaction.
(c) The sum of KShs.60,000/= being the cost of faxes and telephone
calls made by the Plaintiff to the Defendant in his futile attempts
to recover the said deposits from the Defendant between the
months of July 1995 and June 1996.
(d) The sum of KShs.260,000/= being the total rents payable to KBL
by the Plaintiff at the rate of K.Shs.32,500/= per month for the
period between 16th October, 1995 and 13th June, 1996 which
rent the Plaintiff would not have incurred had the Defendant
expeditiously registered the Transfer in favour of the Plaintiff and

forwarded the balance of the Purchase price to the Vendors
advocates aforesaid.
(e) The sum of KShs. 30,000/= being deposit paid to the Defendant
in respect of legal fees.
15. The Plaintiff avers that he made numerous requests to the
Defendant to release to him the aforesaid sum of KShs.3,960,000/=
without any success. The Plaintiff subsequently reported the matter
to the Police as a result of which the Defendant was arrested by the
Criminal Investigation Department officers. The Plaintiff avers that
two days after the arrest aforesaid, the Defendant gave him a
bankers cheque for Kshs.3,960,000/= on 6th June, 1996 without any
interest thereon.
In the circumstances, the Plaintiff avers that the Defendant has been
guilty of professional negligence in his capacity as advocate for the
Plaintiff.
PARTICULARS OF THE DEFENDANTS
PROFESSIONAL NEGLIGENCE
(a) Failing to pay the said sum of KShs. 3,960,000/= or any part
thereof or at all to KBLs advocates Messrs YYYYYYY within a
reasonable time.
(b) Failing to register the Transfer in favour of the Plaintiff within
a reasonable time or at all.
(c) Failing to act expeditiously towards the completion of the
transaction on behalf of the plaintiff as contractually agreed
between the Plaintiff and himself or at all.
(d) Failing to hold the said sum of KShs. 3,960,000/= in trust for
the purposes of the said transaction.
(e) Failing to surrender the interest earned on the said sum of
KShs. 3,960,000/= nor account for the same to the Plaintiff.
(f) Failing, as agreed between the two parties, to deposit the
said sum of K.Shs.3,960,000/= or any part thereof in an interest
bearing account.
(g) Failing to respond to the Plaintiffs various correspondences
and telephone calls in pursuance of the aforesaid transaction.
(h) Putting the said deposit of K.Shs.3,960,000/= to his
unlawful, personal and unauthorised use thereby placing the
Plaintiff in undue hardship, detriment, anxiety, inconvenience and
peril.
And the Plaintiff also claims general damages for the anxiety and
suffering to which he was put by the Defendant.

14. Despite demand having been made and intention to sue having
been given, the Defendants have failed, refused and/or ignored to
settle the Plaintiffs claim.
15. The cause of action arose at Nairobi within the jurisdiction of this
Honourable Court.
REASONS WHEREFORE The Plaintiff prays for judgment against the
Defendant in the following terms :
(a) Special Damages in the sum of KShs. 1,254,300/-.
(b) General Damages for anxiety and suffering.
(c) Interest on (a), (b) and (d) above at the rate of 20% per annum.
(d) Costs of this suit.
(e) Any other or further relief that this Honourable Court may deem
fit to grant.
YYYYYYY AND COMPANY

DRAWN AND FILED BY:

YYYYYYY and Company
Advocates
YYYYYYY
Arboretum Drive
P O Box YYYYYYY
NAIROBI
TO BE SERVED UPON:
(Thro the Plaintiffs Advocates Offices)
YYYYYYY,
BBBBBBBB
Advocates,
P. O. Box KKKKK,
NAIROBI.
Summons Third Party Application Order 1 rule 4
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL CASE NUMBER pppppppppp OF 2001
WWWWWWWWWWWW............................PLAINTIFF
VERSUS
NNNNNNNNNNNNN..........................1ST DEFENDANT
KKKKKKKKKKKK OF KENYA...........................2ND DEFENDANT
CHAMBER SUMMONS
(EX-PARTE)
LET ALL PARTIES concerned attend before the Honourable Magistrate in
Chambers on the day of 2002 at 9.00 O'clock in the forenoon or
soon thereafter so as Counsel for the 2 nd Defendant/Applicant may be heard on
an Application for ORDERS:-
1. THAT the 2nd Defendant/Applicant be granted leave to issue and serve a

Third Party Notice upon KKKKKKKKKKKK Transporters and Wheelbase
Limited as per the annexed draft Third Party Notice marked A.
2. THAT the costs of this application be provided for.
WHICH APPLICATION is based on the following grounds: -
1. That the 2nd Defendant will seek indemnity and/or contribution from the
proposed Third Parties for any liability that may be found accruing from the
2nd Defendant to the Plaintiff.
2. That it is in the interests of justice that the proposed Third Parties be joined
to facilitate the determination of the issue of liability.
AND WHICH APPLICATION is further grounded on the annexed Affidavit of N.

D. KKKKKKKKKKKK and such other or further grounds as may be adduced at
the hearing hereof.
DATED at NAIROBI this day of 2002.
LLLLLLLLLLLL & COMPANY

ADVOCATES FOR THE 2ND DEFENDANT
DRAWN & FILED BY:-
LLLLLLLLLLLL & Company
Advocates,
LLLLLLLLLLLL House,
LLLLLLLLLLLLetum Drive,
P.O. Box LLLLLLLLLLLL, 00100
NAIROBI.
If any party does not appear at the time and place abovementioned,
such order will be made and proceedings taken as the Court may
deem just and expedient"
REPUBLIC OF KENYA
VERSUS
KKKKKKKKKKKK OF KENYA.........................2ND DEFENDANT
SUPPORTING AFFIDAVIT
I, N. D. KKKKKKKKKKKK residing along Brookside Drive Nairobi and of Post

Office Box Number 30831 Nairobi in the Republic of Kenya do make oath and
solemnly state as follows:-
1. THAT I am the Chief Executive Officer of KKKKKKKKKKKK Limited ("the

Defendant"), which company is the 2nd Defendant in this suit.
2. THAT in my aforesaid capacity, I am duly authorised and competent to

swear this Affidavit on the said company's behalf.
3. THAT on the 7th December, 2001, the Plaintiff, through its Advocates,
Messrs. Ngeno Wangalwa & Company Advocates instituted a suit against
the Defendants by filing a Plaint on 7 th December, 2001. Pursuant thereto,
the 2nd Defendant entered appearance on 20th December, 2001 and filed its
Defence on 9th January, 2002 through its advocates on record,
LLLLLLLLLLLL & Company, Advocates.
4. THAT in the said Defence, the 2nd Defendant has averred that it is not
liable for the damages and costs arising out of the alleged accident caused
by Motor Vehicle Registration Number KKKKKKKKKKKK842C ("the said
motor vehicle) or any part thereof or at all.
5. THAT in the said Defence, the 2nd Defendant has further averred that it has
been wrongfully sued and should not be party to this suit.
6. THAT in the said Defence, the 2nd Defendant has further averred in the
alternative and without any prejudice whatsoever to any of the foregoing
matters therein, that it was only registered as owner of the said Motor
Vehicle only by virtue of being a re-financier to Wheelbase Limited and
KKKKKKKKKKKK Transporters who were the true owners of the Motor
vehicle. The 2nd defendant was therefore not the true owner of the said
Motor vehicle at all material times as alleged.
7. THAT the 2nd Defendant, pursuant to Consent Order recorded on 29th May,
2001 in Milimani HCCC KKKKKKKKKKKK of 2001, has transferred to
Wheelbase Limited, one of the proposed Third Parties, the logbook and a
blank executed transfer form for the said Motor vehicle KKKKKKKKKKKK
842 Annexed herewith and marked "NDC1" are true copies of the Decree
in HCCC KKKKKKKKKKKK of 2001 and a file copy of a letter written by
the 2nd Defendant and accepted by Wheelbase Limited.
8. THAT having received the transfer forms and the logbook for motor vehicle
registration number KKKKKKKKKKKK 842 and since the 2nd Defendant
has never had actual possession of the motor vehicle, it is clear that the
proposed Third Parties are necessary parties to this suit.
9. THAT in view of the foregoing, the 2nd Defendant has wrongly been sued
by the Plaintiff.
10. THAT further to paragraph 8 hereinabove, the 2 nd Defendant properly

claims indemnity and contribution from the proposed Third Parties since
the said Third Parties were at all material times, the rightful and lawful
owners of the said Motor vehicle and especially at the time of the said
accident.
11. THAT I am advised by the Advocates on record for the 2 nd Defendant,

Messrs. LLLLLLLLLLLL & Company, Advocates, whose advise I verily
believe to be true that Wheelbase Limited and KKKKKKKKKKKK
Transporters are proper parties to be joined in this suit.
12. THAT I swear this Affidavit in support of the Application herein for leave to
issue and serve a Third Party Notice upon Wheelbase Limited and
KKKKKKKKKKKK Transporters.
12. THAT what is deponed to hereinabove is true to the best of my knowledge

and belief.
SWORN by the said N. D. KKKKKKKKKKK )

)
at Nairobi this day of 2002 )
)
)
BEFORE ME )
)
)
LLLLLLLLLLLL and Company

Advocates,
REPUBLIC OF KENYA
VERSUS
KKKKKKKKKKKK OF KENYA...........................2ND DEFENDANT
THIRD PARTY NOTICE

(Order 1 Rule 14 of the Civil Procedure Rules)
Issued pursuant to an Order of the Court dated 29th April, 2002
TO
WWWWWWWW LIMITED
NAIROBI
KKKKKKKKKKKK TRANSPORTERS
NAIROBI.
TAKE NOTICE that this action has been brought by the Plaintiff against the 2 nd
Defendant. In it, the Plaintiff claims against the 2 nd Defendant in accordance with
the attached Plaint. The 2nd Defendant disputes the Plaintiffs claim on the
grounds set out in the Defence but in the event of his being held liable to the
Plaintiff, the 2nd Defendant claims that it is entitled to indemnity and/or
contribution on the grounds, inter alia, that you are the lawful owners of the Motor
Vehicle Registration Number KKKKKKKKKKKK842C, the subject matter of this
suit by virtue of the accident that it caused as more specifically explained and or
averred in the Plaint.
FURTHER TAKE NOTICE that the 2nd Defendant claims to be indemnified

against liability for any damages, costs and interest that may be awarded to the
Plaintiff, the costs that will be incurred by the 2 nd Defendant in defending the
Plaintiffs claim herein and the costs of these Third Party Proceedings.
AND FURTHER TAKE NOTICE that if you wish to dispute the Plaintiffs claim
against the 2nd Defendant or the 2nd Defendants claim against yourselves, you
must appear within 15 days after the service of this Notice on yourselves,
inclusive of the date of service, otherwise you will be taken to admit the Plaintiffs
claim against the 2nd Defendant and the 2nd Defendants claim against you and
you will be bound by any Judgment given in this suit.
LLLLLLLLLLLL & COMPANY

ADVOCATES FOR THE 2ND DEFENDANT
DRAWN AND FILED BY

LLLLLLLLLLLL and Company
Advocates,
LLLLLLLLLLLL House,
LLLLLLLLLLLLetum Drive,
P O Box LLLLLLLLLLLL,
NAIROBI.
Summons amendment of defence
.r.REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT
MAHIU BANK LIMITED.. .. .. .. .PLAINTIFF
-VERSUS-
MAHIU BANK
LIMITED.. .. .. .. .. .. .. ..1ST DEFENDANT
.. .. .. .. .. ..2ND DEFENDANT
RRRRRRR.. .. .. .. .. .. .3RD DEFENDANT
CHAMBER SUMMONS
(Under Order VIA Rule 3(1( (5) , 5, 7 and 8 of the Civil Procedure Rules, Section 3A of
the Civil Procedure Act and all other enabling provisions of the law)
LET ALL PARTIES CONCERNED attend the Judge in chambers on the
day of 2001 at Oclock in the forenoon or so soon thereafter, for
the hearing of an application by the Counsel for the 1 st Defendant/Applicant FOR
ORDERS :-
1. THAT the 1st Defendant/Applicant be granted leave to amend its Defence filed
herein on 2nd June, 2000 as per the draft annexed hereto.

2. THAT the Amended Defence annexed hereto be treated as the 1 st
Defendant/Applicants Defence and that the same be deemed as having been
duly filed and served.
3. THAT the Plaintiff/Respondent be at liberty to file a Reply to Defence if it so
wishes.
4. THAT the costs of this application be costs in the cause.
WHICH APPLICATION is based on the grounds THAT :-
1. The proposed amendments are intended to bring before this

Honourable Court the real matters in controversy between the parties
herein so that the same are determined on their true and
substantive merits
2. The proposed amendments are further necessitated by information

relevant for the fair and just determination of the real questions
in controversy in this suit which came to the 1 st
Defendant/Applicants knowledge subsequent to the filing of the 1 st
Defendant / Applicants Defence.
3. The time allowed under the Civil Procedure Act and the Civil Procedure
Rules for amendment of pleadings has since expired
4. The proposed amendments will not occasion any prejudice to the

Plaintiff/Respondent
5. The proposed amendments arise out of the same facts or substantially
the same facts in respect of which relief is claimed by the
Plaintiff/Respondent in this suit.
6. It is therefore in the interest of justice that the 1st Defendant/Applicant

should be granted leave to amend its Defence filed herein
AND WHICH APPLICATION is further supported by the annexed Affidavit of AYAZ
MERALI and on such other grounds and reasons as may be adduced at the hearing
hereof.
DATED at this day of 2001
MWEWE AND COMPANY

ADVOCATES FOR THE 1ST DEFENDANT/APPLICANT
DRAWN AND FILED BY:
MWEWE &Company
Advocates
MWEU
MWEUetum Drive
P.O.Box MMMMM
TO BE SERVED UPON:
MWEU & Co.

Advocates
Kencom
1st Floor, Room
City Hall Way
P. O. Box MMMMM
Advocate
International Life
4th floor
Mama Ngina Street
P. O. box MMMMM
.
If any party served does not appear at the time and place above-
mentioned such order will be made and proceedings taken as the court may
think just and expedient.
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT
MAHIU BANK LIMITED.. .. .. .PLAINTIFF/RESPONDENT
-VERSUS-
MAHIU BANK
LIMITED.. .. .. .. .. ..1ST DEFENDANT/APPLICANT
.. .. .. .2ND DEFENDANT/ RESPONDENT
RRRRRRR.. .. .. .. .3RD DEFENDANT/ RESPONDENT
AFFIDAVIT
I of P.O. Box 14001 in the Republic of Kenya do make oath and solemnly
state as follows:
1. THAT I am a Director and the Managing Director of the 1 st

Defendant/Applicant ( the Applicant ). I have full knowledge and
information concerning this suit and as such I am duly authorised by the
Applicant to make this Affidavit on its behalf.
2. THAT prior to the filing of the Applicants Defence , I was unable to

contact the 2nd and 3rd Defendants/Respondents, respectively, so as
to discuss the matters in respect hereof.
3. THAT however, subsequent to the filing of the Applicants Defence

herein, I met with the 2nd Defendant/Respondent(the 2nd Respondent)
to discuss the matters in respect hereof and the 2 nd Respondent
supplied me with the certain information, particulars whereof are
relevant for the fair and just determination of the issues in controversy
of the suit herein.
4. THAT it is therefore necessary for the Applicant to amend its

Defence so as to bring before this Honourable Court the said
information which is necessary for the effectual and complete
adjudication of the real questions in controversy on their true and
substantive merits
5. THAT the proposed amendments are contained in the Draft Amended

Defence annexed at the exhibit hereto marked as AM1
6. THAT the proposed amendments will not occasion any prejudice to the
Plaintiff /Respondent
7. THAT the proposed amendments stem from the same facts or

substantially the same facts in respect of which relief is claimed by the
Plaintiff/Respondent in this suit.
8. THAT I am duly advised by my Advocates on record herein, Messrs.

MWEWE & Company and which advice I verily believe to be true that
the time allowed under the Civil Procedure Act and the Civil Procedure
Rules for amendment of pleadings has since expired
9. THAT I verily believe that it is in the interest of justice that the Defendant
should be granted leave to amend its Defence herein, so as to bring to
fore the real matters in controversy between the parties, before this
matter can be set down for hearing.
10. THAT in all the circumstances of this case and for the ends of justice
in this case to be met, the orders sought in the application to amend the
Applicants Defence herein in support whereof I swear this Affidavit,
ought to be granted.
11. THAT what is deponed hereinabove is true to the best of my

knowledge save as to matters deponed to on information sources whereof
have been disclosed and matters deponed to on belief grounds
whereupon have been given.
SWORN at )
this day of 2001 )
by the said )
)
BEFORE ME )
)
DRAWN AND FILED BY:
MWEWE &Company
Advocates
MWEU )
MWEUetum Drive
P.O.Box MMMMM
TO BE SERVED UPON:
MWEU & Co.
Advocates
Kencom
1st Floor, Room
City Hall Way
P. O. Box MMMMM
Advocate
International Life
4th floor
Mama Ngina Street
P. O. box MMMMM
.
Summons amendment of plaint
REPUBLIC OF KENYA
KIFARU SIMBA BANK LIMITED .. .. .. .. ..

PLAINTIFF
-V E R S U S-
PAKA LIMITED
(under receivership).. .. .. .. .. .. .. 1ST
DEFENDANT
TTTT.. .. .. .. .. .. 2 ND
DEFENDANT
FFFFF .. .. .. .. .. .. .. 3RD DEFENDANT
CHAMBER SUMMONS
(Under Order VIA Rule 3(1), 5, 7 and 8 of the Civil Procedure Rules,
Section 3A of the Civil Procedure Act and all other enabling
provisions of the law)
LET ALL PARTIES CONCERNED attend the Judge in chambers on the
day of 2000 at Oclock in the forenoon or so
soon thereafter, for the hearing of an application by the Counsel for the
Plaintiff FOR ORDERS :-
5. THAT the Plaintiff be allowed to amend its Plaint filed herein on
20th April 1999, as per the draft annexed hereto.

6. THAT the Amended Plaint annexed hereto be treated as the
Plaintiffs Amended Plaint and that the same be deemed as
having been duly filed and served.
7. THAT the Defendants be at liberty to amend Defences within 14
days thereafter if they so wish.
8. THAT the costs of this application be costs in the cause.
WHICH APPLICATION is based on the grounds that:-
a) Since the filing of the Plaint, and in pursuance of the Ruling on
the Plaintiffs summary judgement application delivered on 1 st
December 1999 by the Honourable Justice Onyango Otieno, an
auction on the charged property was held on 7th September 2000.
This fact together with what transpired at the auction need to be
included in the Plaint and the Plaintiff seeks leave to do so.
b) Further, since the filing of the Plaint, the amount payable to the
Plaintiff bank in terms of interest has increased considerably,
which increase is not reflected in the amount sought to be
recovered from the Defendants as per the Plaint.
c) The time allowed under the Civil Procedure Act and the Civil
Procedure Rules for amendment of pleadings has since expired.

d) The proposed amendments are intended to bring before this
Honourable Court the real matters in dispute between the parties
herein.
e) The proposed amendments will not occasion any prejudice to the
Defendants.
AND WHICH APPLICATION is based on the annexed Affidavit of
MODALI TTTT SASTRY, and on such other grounds and reasons as
may be adduced at the hearing hereof.
2000.
FFFFF AND COMPANY

ADVOCATES FOR THE PLAINTIFF/APPLICANT
DRAWN AND FILED BY:
Fffff and Company

Advocates
Fffff (Our Ref: FFFFF)
Arboretum Drive
P.O. Box fffff
NAIROBI
TO BE SERVED UPON
Tttt
Advocate
Central Square
P.O. Box tttt
KISUMU
If any party served does not appear at the time and place
above-mentioned such order will be made and proceedings
taken as the court may think just and expedient.
Summons arbitration
REPUBLIC OF KENYA

CIVIL CASE NUMBER EJ fffff OF xxxx
FFFFF WATER WELL (K)

LIMITED.. .. .. .. .. .. PLAINTIFF/RESPONDENT
VERSUS
FLO FLOWERS LIMITED.. .. .. DEFENDANT/APPLICANT
CHAMBER SUMMONS
(Section 6 of the Arbitration Act 1995, Rule 2 of the Arbitration Rules,
1997; Section 3A of the Civil Procedure Act, Chapter 21 of the Laws of
Kenya; and all other enabling provisions of law)
LET ALL PARTIES concerned attend the Honourable Magistrate in
Chambers at Milimani Commercial Courts on the day of
xxxx in the forenoon or so soon thereafter as counsel for the Defendant/
Applicant may be heard on an application for ORDERS :-

1. THAT there be a stay of all proceedings herein pending arbitration.
2. THAT the dispute between the parties be referred to arbitration.
3. THAT the Defendant/Applicant be at liberty to apply for such further or
other orders and/or directions as this Honourable Court may deem fit
and just to grant in the circumstances.
4. THAT the costs of this application be awarded to the Defendant /Applicant
against the Plaintiff/ Respondent.
WHICH APPLICATION is based on the grounds THAT: -
1. The parties hereto on 6th of February, 1999 entered into a Drilling
Agreement (hereinafter called the Agreement ) whereby the
Plaintiff/Respondent was contracted by the Defendant/Applicant to, inter
alia, drill, install and test pump one borehole at the
Defendant/Applicants farm at Flo for a contract sum of Kshs.
1,181,000.00, as per the specifications and conditions contained in the
said Agreement.
2. Clause 14 of the Agreement stipulated that any dispute or difference
arising therefrom shall be referred to arbitration.
3. This suit has been instituted by the Plaintiff/Respondent in violation of the
Agreement and prematurely without the dispute being referred to
arbitration as stipulated by clause 14 thereof.

4. By virtue of the Agreement the parties hereto have agreed and are bound
to proceed to arbitration on matters in dispute arising therefrom.
5. Section 6 of the Arbitration Act 1995 (hereinafter called "the Act")
empowers the Court before which proceedings are brought in a matter
which is subject to an arbitration agreement, to stay the proceedings and
refer the parties to arbitration.
6. Section 6 (1) of the Act further provides that the Court shall grant a stay
of legal proceedings subject to the exceptions set out therein. None of
those exceptions apply to this suit.
7. The Defendant/Applicant is ready, willing and able to proceed to
Arbitration on any dispute arising from the parties as stipulated in the
Agreement.
8. That this application ought to be granted in the interests of equity and
justice
AND WHICH APPLICATION is supported by the annexed Affidavit of
gggggggggANJI and on such other or further grounds as may be adduced
at the hearing hereof.
DATED at Nairobi this day of xxxx.
`` AND COMPANY
ADVOCATES FOR THE DEFENDANT/APPLICANT
DRAWN & FILED BY:-

Muthukoe & Company
Advocates
Fffff
Arboretum Drive
P.O. Box lp er
NAIROBI. (Ref: Fffff)
TO BE SERVED UPON:-
P.J Kakad & Company
Advocates
Jubilee Place, 4th Floor
Mama Ngina Street
P. O. Box fffff
NAIROBI.
"If any Party served does not appear at the time and place above-
mentioned, such order will be made and proceedings taken as the Court may
think just and expedient."
Summons committal to civil jail

REPUBLIC OF KENYA
MISC CIVIL APPLICATION NO. XXXX OF 1999
RRRRRR.. .. .. ... 1ST PLAINTIFF/APPLICANT

KKKKKKK.. .. .. .. 2ND PLAINTIFF/APPLICANT
TTTTTT.. .. .. . 3RD PLAINTIFF /APPLICANT
VERSUS
XXXX TOWN
COUNCIL.. .. .. .. DEFENDANT/RESPONDENT
IN THE MATTER OF AN APPLICATION ON BEHALF OF RRRRRR, KKKKKKK AND TTTTTT FOR
AN ORDER OF COMMITTAL
CERTIFICATE OF URGENCY
(Practice Note of 31st May, 1984)
We XXXX AND COMPANY , Advocates who have the conduct of

this suit on behalf of the Plaintiffs/Applicants certify that the
Chamber Summons filed herein and annexed hereto is most
urgent requiring to be placed before the Honourable Duty Judge
at the earliest opportunity as the Defendant /Respondent has
blatantly flouted, and continues to flout and disobey the Order of
this Honourable Court granted on 4th November, 1999 and the
Plaintiffs/Applicants have consequently been subjected to great
loss and harm.

2000.
XXXX & COMPANY

ADVOCATES FOR THE PLAINTIFFS/APPLICANTS
DRAWN AND FILED BY
XXXX & Company
Advocates
Tttttt
Arboretum
P. O. Box XXXX ()
Nairobi.
REPUBLIC OF KENYA
RRRRRR.. .. .. .. 1ST PLAINTIFF /APPLICANT
KKKKKKK.. .. .. .2ND PLAINTIFF/APPLICANT
TTTTTT.. .. .. .3RD PLAINTIFF /APPLICANT
VERSUS
XXXX TOWN
COUNCIL.. .. .. .. .. DEFENDANT /RESPONDENT

EX PARTE
CHAMBER SUMMONS
(Section 5 of the Judicature Act, Cap. 8 Laws of Kenya, Order 52
Rules of the Supreme Court of England 1965, Section 3A of the
Civil Procedure Act , cap 21 of the Laws of Kenya)
LET ALL PARTIES CONCERNED attend the Learned Judge in

Chambers on the day of 2000 at 9.00
Oclock in the forenoon or so soon thereafter on the hearing of
an application on behalf of RRRRRR, KKKKKKK and TTTTTT,
the Plaintiffs/Applicants herein , for this Court to grant leave to
the Applicants for:-
1. An order of committal to be made against the Town Clerk to
the XXXX Urban Council to prison for such period and time
as this
Honourable Court may deem fit and just in that the said
Town Clerk has disobeyed the Order made herein on 4 th
November, 1999 , inter alia, :-
i) compelling the Town clerk to the XXXX Urban
Council to pay the Applicants the sum of Kshs.
2,727,972.00 which sum is payable under the
Decree and Certificates of Taxation issued in
HCCC Nos. , and of 1981 (Consolidated ) on 17th
July, 1997 and 29th October, 1997, respectively.
ii) Ordering the Respondent to comply with the said
Order within thirty days from the date of the
Ruling
iii) Ordering the Applicants to pay the costs of the
said Application.
WHICH APPLICATION is supported by the annexed
STATEMENT, the Affidavit sworn by Rrrrrr and on such other or
further reasons as may be adduced at the hearing hereof .
XXXX & COMPANY

DRAWN AND FILED BY:

XXXX & Company
Advocates
Tttttt
Arboretum
P.O. Box XXXX ()
Nairobi.
REPUBLIC OF KENYA
RRRRRR.. .. .. .. 1ST PLAINTIFF /APPLICANT

KKKKKKK.. .. .. .2ND PLAINTIFF/APPLICANT
TTTTTT.. .. .. .3RD PLAINTIFF /APPLICANT
VERSUS
XXXX TOWN
COUNCIL.. .. .. .. DEFENDANT /RESPONDENT
STATEMENT
(Pursuant to Order 52 Rule 2 , Rules of the Supreme Court of

England, 1965)
1. The names and descriptions of the Applicants are Rrrrrr,

Kkkkkkk and James Kimomo, male adults of sound mind
residing and working for gain in XXXX within the Republic
of Kenya
2. The name description and address of the person sought to
be committed is Elijah M. A. Mutambuki the town Clerk to
the XXXX Urban Council, a male adult residing and working
for gain in the Republic aforesaid and of P. O. Box , Tala,
Kangundo.
3. The grounds on which committal to prison is sought is that
the Town Clerk to the XXXX Urban Council has disobeyed
the Order made herein by this Honourable Court on 4 th
November, 1999, inter alia,
i) compelling the Town clerk to the XXXX Urban

Council to pay the Applicants the sum of
Kshs.2,727,972.00 which sum is payable under
the Decree and Certificates of Taxation issued in
HCCC Nos. , and of 1981(Consolidated ) on 17 th
July, 1997 and 29th October, 1997, respectively.
ii) Ordering the Respondent to comply with the said
Order within thirty days from the date of the
Ruling
iii) Ordering the Respondent to pay the costs of the
said Application.
XXXX & COMPANY

DRAWN AND FILED BY

XXXX & Company
Advocates
Tttttt
Arboretum
P. O. Box XXXX (Ref.: )
Nairobi.
Striking Out Plaint-Order 6 Rule 13
REPUBLIC OF KENYA
CIVIL CASE NO. TT OF 2001
XXXXXXXXXXXXXXX...PLAINTIFF/RESPONDENT
VERSUS
YYYYYYYYYYYYYYYDEFENDANT/APPLICANT
CHAMBER SUMMONS
(Under Order VI rule 13(1) (b) & (d) of the Civil Procedure
Rules, section 3A of the Civil Procedure Act and all other
enabling provisions of the law)
LET ALL PARTIES CONCERNED attend the Honourable Judge in

Chambers on the day of
2002 at 9 O'clock in the forenoon or so soon thereafter for the hearing
of an application by Counsel for the Defendant/Applicant (the
Applicant) for ORDERS:-
1. THAT the Plaint filed herein by the Plaintiff/Respondent (the

Respondent) be struck out.
2. THAT in the result the suit against the Applicant be dismissed

with costs to the Applicant.
ON THE GROUNDS that: -
(a) The Respondent has no claim against the Applicant as there is

and/or was no privity of contract between the Applicant and the
Respondent either express or implied or at all.
(b) The suit is scandalous, frivolous and vexatious
(c) The suit is otherwise an abuse of the process of the Court and
should be dismissed with costs to the Defendants.
(d) In the circumstances, it is in the interests of justice that the
same should be struck out;
WHICH APPLICATION is grounded on the annexed Affidavit of

MMMMMM and on such other grounds as may be adduced at the
hearing hereof.

2002.
VVVVVVVVV AND COMPANY

ADVOCATES FOR THE DEFENDANT/APPLICANT
VVVVVVVV and Company

Advocates
NAIROBI
TO BE SERVED UPON
Xxxxxxxxxxxxxxx
P.O Box
THIKA
NOTE:
If any party served does not appear at the time and place
above mentioned such order will be made and proceedings
taken as the court may think just and expedient.

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NOTICE OF MOTION

9. Reconstruction of file. (Under Section 3A of the Civil Procedure Act

ORDERS OF MANDAMUS,. PROHIBITION AND CERTIORARI ORDER LIII

SWORN at Nairobi this day )

IN WITNESS whereof I have hereunto set my hand this . day of .. 1999.

BBBBBB KOMO.. PLAINTIFF

XXXXX OIL (K) LIMITED. DEFENDANT

DEFENCE AND COUNTERCLAIM

1. The Defendant admits the descriptive parts of paragraphs 1, 2

2. The Defendant admits the contents of paragraph 4 of the Plaint.

3. Without any prejudice whatsoever to the contents of

5. The contents of paragraph 5 of the Plaint including the alleged

6. Without any prejudice whatsoever to paragraph 5 above, the

7. The contents of paragraph 6 of the Plaint are admitted.

8. The Defendant denies the contents of paragraph 7 and 8 of the

9. The particulars of loss and damage as set out in paragraph 9 of

11. The Defendant is a stranger to paragraph 11 of the Plaint and is

12. In response to paragraph 12 of the Plaint, the Defendant avers

13. The Defendant denies receiving any notice of intention to sue.

14. The jurisdiction of this Honourable Court is admitted.

15. The Defendant repeats and reiterates the contents of paragraph

17. The Defendant prays for the aforesaid sum of Kshs.4,115,897.16

REASONS WHEREFORE the Defendant prays that the Plaintiffs suit

DATED at Nairobi this day of 2001.

XXXXX & COMPANY

ADVOCATES FOR THE DEFENDANT

Xxxxx & Company,

Demand letter accident

Re: Accident on 8th December 2000 Along Eldoret - Nakuru Road

a) Cost of repairing the Motor Vehicle Kshs 750,000

Total Kshs 1,655,100

FFFFF & COMPANY

Demand letter collection of debts

Original by registered post

copy by recorded hand delivery

Re: Debt owing toggggt/a Ppppppp Enterprises

TAKE NOTICE that unless the aforestated sum of Kshs.24,780.00 together

Demand letter collection of debts

bbbbbbbbbbb, Original by Registered Post and

Attn: Mr. ccccccccccc,

Re: Unlawful Termination of Employment of

1 Compensation for wrongful termination of our client's contract of employment.

b) You admit liability to pay to our client forthwith:-

i) The compensation and amounts referred to in numbers 1-3 above.

THE ATTORNEY GENERAL..........................1ST APPLICANT

NN KENYA LIMITED................................2ND APPLICANT

THE ATTORNEY GENERAL..........................................1ST RESPONDENT

NNN KENYA LIMITED................................................2ND RESPONDENT

6. Having conceded that it may be true that in isolation, the transactions

It is proposed to ask the Court FOR ORDERS THAT:-

DATED at Nairobi this day of 201

TTTTTT AND COMPANY

The Honourable the Judges of the Kenya Court of Appeal.

COPY TO BE SERVED UPON:-

WWWW & IIIIIII

The Attorney General

LODGED in the Registry at Nairobi this day of 200,,,,

Amend Judgment order XX Rule 3 CPR

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO OF 1996

KKKKKKK CARGO AG .. .. .. DEFENDANT/RESPONDENT

TAKE NOTICE that on the day of 2001 at 9.00 O'clock

1. THAT the Judgment of the Honourable Mr Justice Mitey delivered

2. THAT the said Judgment be amended to read that the Plaintiff