REPUBLIC OF KENYA

IN THE PRINCIPAL MAGISTRATE’S COURT AT WEBUYE

CIVIL SUIT NO OF 2014
FAST-TRACK

PURITY PURITY (A minor suing through Father and Next friend one
MAURICE MAURICE MAURICE …...…… …………………………PLAINTIFF

VERSUS

TIBAAD TRANSPORT COMPANY LIMITED ………...…….………..1ST DEFENDANT

MANE NYP…………………………………………………………….…2ND DEFENDANT
OPIIIL PILI………………………………………………………………… 3RD DEFENDANT

PLAINT

1. The Plaintiff is a Female minor suing through her Father and next friend MAURICE
MAURICE whose address of service for purposes of this suit is care of M/s NAME &
ADDRESS OF ADVOCATES

2. The 1st defendant is a Limited Liability Company having incorporated its offices
within the Republic of Kenya (Service of Summons shall be effected through the
Plaintiff’s Advocates Office.)

3. The 2nd and 3rd Defendants are male adults living and working for gain in various
parts within the Republic of Kenya. (Service of Summons shall be effected through
the Plaintiff’s Advocates Office.)

4. At all material times hereto the 1st Defendant was the Registered owner of motor
vehicle registration number KAVU 691 U (Prime Mover ) while the 2nd Defendant
was the Registered Owner of the (Trailer) Registration Number ZBII 600995
which was being driven by the 3rd Defendant as either the 1st or 2nd Defendant
employee servant, agent and/or authorized driver in the course of the said
employment.

5. On or about the 29th day of June 2011, at about 11:00 p.m., the Plaintiff was
lawfully travelling as a fare-paying passenger in the company of the Next Friend in
motor vehicle registration number KAVU 382 U at River Sosian Area along Eldoret
–Turbo road when the 3rd Defendant so carelessly and negligently drove, managed
and/or controlled motor vehicle registration number KAV 691U-B 60095 that he
rammed into the rear of motor vehicle registration number KAVU 382 R and in
consequence whereof the Plaintiff sustained severe personal injuries.

6. The Next Friend contends that the said accident occurred as a result of negligence
on the part of the 1st and /or 2nd Defendant’s authorized driver in driving, managing
and/or controlling motor vehicle registration number KAV 691U-ZB 6095.

PARTICULARS OF NEGLIGENCE OF THE 3RD DEFENDANT.

a) Driving without due care and attention.

b) Driving at a speed that was excessive in the circumstances.
c) Driving on the wrong side of the road.
d) Ramming into the rear of Motor vehicle registration number KAV 382 R.
e) Creating circumstances that precipitated and caused the accident.
f) Failing to keep and/or maintain any or any proper look-out.
g) Failing to exercise the care and skill reasonably expected of a driver of a trailer in the
circumstances.

h) Failing to brake in time or at all.

i) Failing to stop, to slow down, to swerve or in any other way so to manage and/or
control the said motor vehicle and avoid the accident.

j) Failing to have due regard to the safety and well-being of passengers lawfully traveling
motor vehicle registration number KAV 382 R and in particular the Plaintiff.

k) In so far as is reasonably practicable under the circumstances the plaintiffs will rely on
the doctrine of res ipsa loquitur.

7. By reason of the matters aforesaid the Plaintiff sustained severe personal injuries
and has suffered loss and damage.

8. The Plaintiff further avers that the 3 rd Defendant pleaded guilty to the offence of
careless driving vide Traffic Case No. 170/2011 and the Honorable Court
proceeded to fine him Kshs 5,000 /=.

PARTICULARS OF INJURIES SUFFERED BY THE PLAINTIFF

a) Soft tissue injuries of the lip.

b) Soft tissue injuries of the head.

PRESENT COMPLAINTS

a) On and off headaches.

PARTICULARS OF SPECIAL DAMAGES FOR THE PLAINTIFF

a) Medical Legal Report Kshs. 5,000.00

b) Filling P3 Form Kshs 600.00
c) Copy of records of M/v reg. no KAV 691U-ZB 6095 Kshs 1 000.00
Kshs. 6,600.00

AND the Plaintiff claims special damages aforesaid and general damages for pain, suffering
and loss of amenities.
 9 The Plaintiff avers that there is no other suit pending and that there have been no
previous proceedings, in any court between the Plaintiff Minor herein and the
Defendants over the same subject matter and that the cause of action relates to the
Plaintiff named in the plaint.

10 Despite demand having been made and notice of intention to sue being given the
Defendants have failed, neglected and/or refused to admit liability and settle the
Plaintiffs’ claim.

11 This Honorable court has jurisdiction to hear and determine this suit.

REASONS WHEREFORE the Plaintiff prays for judgment against the Defendants jointly and
severally for:-

a) General and Special damages for pain, suffering and loss of amenities.
c) Costs of the suit.
d) Interest on (a), (b), and (c) above at court rates.
e) Any other or further relief that this Honourable Court may deem just to grant.

DATED at NAIROBI this day of 2014.

BLUE GREEN & CO

(ADVOCATES FOR THE PLAINTIFF)

DRAWN & FILED BY:-

BLUE GREEN & CO
ADVOCATES
PINKAM HOUSE
4TH FLOOR
P.O BOX 9
NAIROBI.

TO BE SERVED UPON:
1. TIBAAD TRANSPORT COMPANY LIMITED
P.O BOX NAIROBI
2. MANE NYP
P. BOX NAIROBI
3. OPIIIL PILI
P.O BOX NAIROBI
 REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT WEBUYE
CIVIL SUIT NO OF 2014
FAST-TRACK

PURITY PURITY (A minor suing through Father and Next friend one
MAURICE MAURICE MAURICE …...…… …………………………PLAINTIFF

VERSUS

TIBAAD TRANSPORT COMPANY LIMITED ………...…….………..1ST DEFENDANT

MANE NYP…………………………………………………………….…2ND DEFENDANT
OPIIIL PILI………………………………………………………………… 3RD DEFENDANT

PLAINTIFF’S LIST OF WITNESSES

(Under Order 3 Rule 2 of The Civil Procedure Rules, 2010)

The Plaintiff shall at the trial call the following witnesses in support of his case:

1. MAURICE MAURICE (Next Friend)

2. Base Commander of Turbo Traffic Highway Bay or such other officer as may be
designated and authorized in that behalf to attend court and testify.

3. Dr OKE

4. Such other witness as may become available to the plaintiff on or before trial.

DATED at NAIROBI this day of 2014

BLUE GREEN & CO

(ADVOCATES FOR THE PLAINTIFF)

DRAWN & FILED BY:-

BLUE GREEN & CO
ADVOCATES
PINKAM HOUSE 4TH FLOOR
NAIORBI
 REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT WEBUYE
CIVIL SUIT NO OF 2014
FAST-TRACK
PURITY PURITY (A minor suing through Father and Next friend one
MAURICE MAURICE MAURICE …...…… …………………………PLAINTIFF

VERSUS

TIBAAD TRANSPORT COMPANY LIMITED ………...…….………..1ST DEFENDANT

MANE NYP…………………………………………………………….…2ND DEFENDANT
OPIIIL PILI………………………………………………………………… 3RD DEFENDANT
PLAINTIFF’S LIST OF DOCUMENTS

The plaintiff shall at the trial rely on, inter alia, the following documents and copies
whereof are annexed hereto:
1. Demand letter and Certificate of Postage of demand letter.

2. P3 Form and Police Abstract.

3. Birth certificate of the minor.

4. Treatment Card Karagita Health Centre.

5. Receipts from Naivasha District Hospital.

6. Medical legal report and its receipt.

7. Proceedings in the traffic case.

8. Copy of records of Motor vehicle registration number KAVU 691U-ZB 6095.

9. Cash deposit slip of Kshs. 1,000/= for payment of the search of the said motor
vehicles.

10. Generic payment advice issued by Kenya Revenue Authority for the said search.

11. Such other relevant document as may come into plaintiff’s possession on or before
the trial.
DATED at NAIROBI this day of 2014

BLUE GREEN & CO

(ADVOCATES FOR THE PLAINTIFF)
DRAWN & FILED BY:-
BLUE GREEN & CO
ADVOCATES
PINKAM HOUSE
4TH FLOOR
P.O BOX 9
NAIROBI
 REPUBLIC OF KENYA
IN THE PRINCIPAL MAGISTRATE’S COURT AT WEBUYE
CIVIL SUIT NO OF 2014
FAST-TRACK

PURITY PURITY (A minor suing through Father and Next friend one
MAURICE MAURICE MAURICE …...…… …………………………PLAINTIFF

VERSUS

TIBAAD TRANSPORT COMPANY LIMITED ………...…….………..1ST DEFENDANT

MANE NYP…………………………………………………………….…2ND DEFENDANT
OPIIIL PILI………………………………………………………………… 3RD DEFENDANT
PLAINTIFF’S STATEMENT

I am a Male adult of sound mind and the Plaintiff in this case. I make this statement in
connection to the injuries the minor herein sustained as a result of an accident that
occurred at Sosian river along Eldoret Turbo road.

I am the Next friend to the Plaintiff and I do stay at Naivasha District. I am the Father of
PURITY PURITY aged 7 years old.

On 29th June 2011, I was travelling with the minor herein as a fare paying passenger in
motor vehicle registration number KAV 691U. I was in the company of some other
passenger wherein we had hired the vehicle registration number KAVU 382 R to transport
the body of a relative from Naivasha to bungoma for burial.

That at around 11.00pm we had reached the bridge of Sosian River. There was a lorry
ahead of us and another one which was coming from behind. Since the road was too
narrow for the vehicles to by pass each other, our vehicle was hit from behind by the trailer
registration number KAVU 691U-ZB 6095.

The impact was so severe that our vehicle rolled three times and landed into the river bank
together with the coffin which ended up falling in the mud.
Good Samaritans came and organized for us and the other passengers to be transported to
Bungoma District Hospital. The minor herein was given First aid. On 7th July 2011, I took
her to Karagita Health centre where she was treated for the injuries she had sustained on
the head and lip.

I blame the accident on the driver of KAV 691U-ZB 6095 as he did not exercise due care
and attention and that is why he hit our vehicle at the rear. He also had a duty to exercise
due diligence expected of a driver driving such a vehicle which duty he did not discharge.

I seek compensation on behalf of the next friend as she sustained injuries in the said
accident.
That is all I wish to state.

-------------------------------------
REPUBLIC OF KENYA
 IN THE PRINCIPAL MAGISTRATE’S COURT AT WEBUYE
CIVIL SUIT NO OF 2014
FAST-TRACK

PURITY PURITY (A minor suing through Father and Next friend one
MAURICE MAURICE MAURICE …...…… …………………………PLAINTIFF

VERSUS

TIBAAD TRANSPORT COMPANY LIMITED ………...…….………..1ST DEFENDANT

MANE NYP…………………………………………………………….…2ND DEFENDANT
OPIIIL PILI………………………………………………………………… 3RD DEFENDANT

VERIFYING AFFIDAVIT

I, MAURICE MAURICE of Post Office Box 188 Naivasha within the Republic of Kenya do
hereby make oath and state as follows:-

1. THAT I am the Father and next friend of the Minor Plaintiff herein and the cause of
action contained in the Plaint relates to the minor and hence competent to make this
affidavit.

2. THAT there is no other suit pending, and there have been no previous proceedings, in
any court between the minor and the defendants herein over the same subject matter
and the cause of action relates to the minor and I hereby verify the averment in
Paragraph 9 of the Plaint as correct.

3. THAT the facts set out in the Plaint annexed hereto are correct.

4. THAT what is deponed herein is true to the best of my knowledge.

SWORN at Nairobi by the above

MAURICE MAURICE ]----------------------------
this day of 2014 ] DEPONENT
BEFORE ME: ]
]
]
]
]
]
A COMMISSIONER FOR OATHS ]

DRAWN & FILED BY:-

BLUE GREEN & CO ADVOCATES
PINKAM HOUSE
4TH FLOOR
P.O BOX 9
NAIROBI.

REPUBLIC OF KENYA
 IN THE PRINCIPAL MAGISTRATE’S COURT AT WEBUYE
CIVIL SUIT NO OF 2014
FAST-TRACK

PURITY PURITY (A minor suing through Father and Next friend one
MAURICE MAURICE MAURICE …...…… …………………………PLAINTIFF

VERSUS

TIBAAD TRANSPORT COMPANY LIMITED ………...…….………..1ST DEFENDANT

MANE NYP…………………………………………………………….…2ND DEFENDANT
OPIIIL PILI………………………………………………………………… 3RD DEFENDANT

AUTHORITY BY NEXT FRIEND

I, NAME OF FATHER/MOTHER, a resident of Naivasha and of P.O. BOX 9 Naivasha do

hereby CERTIFY that I consent to be the next friend of PURITY PURITY who is the
Plaintiff herein.

DATED at NAIROBI this day of 2014.

SIGNED: .............................................................

MAURICE MAURICE
THE NEXT FRIEND

In the presence of:-

DRAWN & FILED BY:-

BLUE GREEN & CO
ADVOCATES
PINKAM HOUSE
4TH FLOOR
P.O BOX
NAIROBI