Plaint

REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE COURT OF KENYA AT KAKAMEGA
CIVIL SUIT NO… OF 2023
PAUL JISEVE MBUNI……………………………………………..CLAIMANT
VERSUS
BENARD ENANA KHAL………………………………………….RESPONDENT
PLAINT
1. The plaintiff is a male adult of sound mind residing and working in Nairobi as a
businessman and his address of service for purpose of this suit is care of: .JISEVE AND
COMPANY ADVOCATES Cianda House, 6th floor,Door 603, Kionange Street et, email
[email protected] Tell 0701107122 P. O. BOX 8419-00200, Nairobi
2. The defendant is the male adult of sound mind residing and working in Chavakali
Market Kenya ((Service of summons to be effected through the Plaintiff’s Advocates’
chambers.]
3. The plaintiff avers that that the respondent owes money to his chemist, TIBA chemist limited.
4. The plaintiff humbly avers that on 21st September 2020, they entered into a debt
recovery agreement with the respondent in regard to money owed to his chemist,
Tiba chemist Limited of 300,000 Kenyan shillings and by virtue of the agreement the
respondent paid Kshs 45,000 and promised to clear the balance within three years.
5. The plaintiff further avers that to date the balance of kshs 255,000 has not been paid due
to the respondent negligence.
6. By reason of forgoing the plaintiff has suffered loss and damages
Particulars of loss and damages

a. Impending dues=255,000
b. Interest…………………
Total=……………………
7. The plaintiff avers that that despite the demand being made upon the defendant to pay
the plaintiff aforesaid sum, the respondent has refused to pay the said sum or any part
thereof.
8. There is no other suit pending in this court or at all, and there have been no
previous proceedings in any court on the same subject matter involving the same
parties herein.
9. The cause of action arose within the jurisdiction of this honourable court
Reason wherefore the plaintiff prays for judgment against the defendant
1. Special damages
2. Interest
3. Cost of the suit and Interest
JISEVE AND COMPANY ADVOCTAES

ADVOCATES FOR THE CLAIMANT
DRAWN & FILED BY:-

Jiseve & Company Advocates,
Maendeleo house 8th floor Door 807,
Monrovia Street,
P.O. Box 8419-000200134-00502,
Nairobi.
Tel: 0701107122
Email: [email protected]
Admission Number: P.105/14749/18
TO BE SERVED UPON: -
Bernard Enana Khal
ID NO. 32848247
CHAVAKALI
TEL :(+254)
REPUBLIC OF KENYA
PAUL JISEVE MBUNI……………………………………………..CLAIMANT
VERSUS
BENARD ENANA KHAL………………………………………….RESPONDENT
LIST OF WITNESSES
1. Paul JiseveMbuni
2. Others are to be availed later with leave of the court.
Dated at Nairobi this day of 2023
JISEVE AND COMPANY ADVOCATES

DRAWN & FILED BY:-

Monrovia Street,
P.O. Box 8419-000200134-00502,
Nairobi.
Tel: 0701107122
Bernard Enana Khal

ID NO. 32848247
CHAVAKALI
TEL :(+254)
REPUBLIC OF KENYA
PAUL JISEVE MBUNI………..………………………....................................CLAIMANT

VERSUS
BERNARD RNANA KHAL ……..…............................................................ RESPONDENT
WITNESS STATEMENT
NAME:PAUL JISEVE MBUNI

AGE: ADULT
RESIDENCE: NAIROBI
“STATES AS FOLLOWS”
1. I am the above-named person, an adult of sound mind therefore, I have the

authority to make this statement on its behalf.
2. I am familiar with the facts of this case by virtue of being the claimant in this case.
3. That on 21st September 2020, we entered into a debt recovery agreement with the
respondent in regard to money owed to my chemist Tiba chemist Limited
4. By virtue of the agreement the respondent paid Kshs 45,000 and promised to clear the
balance within three years
5. The respondent has not honored his agreement despite several calls and reminders
from myself
6. As a consequence of the Respondent’s refusal to pay, our company has suffered loss
and damage which is fully and wholly blames the Respondent for.
7. In light of all the above, I wish to state that to date, the amount owed by the
Respondent tois Kenya Shillings Two Hundred and fifty five thousand (Ksh. 255,000=).
8. I wish to produce this statement and all the documents mentioned in it in support of
my testimony and pray that our company’s case is allowed as prayed.
9. That is all I wish to state.
PAUL JISEVE MBUNI } …………………………….

SIGNATURE
MADE at NAIROBIthis day of
2023
REPUBLIC OF KENYA
PAUL JISEVE MBUNI ………..………………………....................................CLAIMANT

VERSUS
BERNARD RNANA KHAL ……..…............................................................ RESPONDENT
THE CLAIMANT’S LIST OF DOCUMENTS

The Claimant wishes to rely on the following documents in the hearing hereof:
1. Motor vehicle purchase agreement dated 21st September 2020
2. Banks statements
3. Others with the leave of court
Dated at Nairobi this day of 2023
JISEVE AND COMPANY ADVOCATES

DRAWN & FILED BY:-

Monrovia Street,
P.O. Box 8419-000200134-00502,
Nairobi.
Tel: 0701107122
Bernard Enana Khal

ID NO. 32848247
CHAVAKALI
TEL :(+254)
FORM
No Rule 35
SCC 5
REPUBLIC OF KENYA
NATHAN NZIOKA MUTUKU ………..………………………....................................CLAIMANT

VERSUS
HIGH WORTH MOTORS LIMITED ……..…............................................................

RESPONDENT
CERTIFICATE OF SERVICE
I …………………………………………………. of P. O Box ………………….a process server,

states as follows:
1. On the ………………………………..day of …………………………., 20 ……. at

(indicate the
time) I
served ……………… (indicate the name of the party) at (indicate the name of the
place) by
tendering a copy of (Indicate document served) to him/her and requiring a
signature on
the original.
(Please tick where appropriate)
He/she □ signed □ refused to sign the document.
He/she was □personally known to me □ was identified to me by (indicate the name)

and
admitted that he/she was the (indicate the name of the party)
2. Not being able to find the……………………….. (Indicate the name of the party) on the
…………day of ……….
20 at ………………………….( indicate the time) I served the (indicate the document
served)
on ……………………………….(indicate the name) an adult member of the family of the
………………………….
(Indicate the name of the party) who is residing with him/her.
3. Not being able to find the (indicate the name of the party) or any person on
whom
service could be made, on the …………… day of …………… 20 …….. at (indicate the
time), I affixed
a copy of the (indicate the document served) to the outer door of the premises in
which
the ………………………… resides/ carries on business at …………………………………….
(Indicate name of the premises)
4. Not being able to serve in the manner prescribed above, I sent the ……………………….
(indicate the document served) on the ……….. day of …………… 20 ……by registered mail
to the last known postal of the
………………………. (Indicate name of addressee) and obtained the attached certificate of
postage.
5. I declare that the information given above is true
Name Signature
Dated this day of 20

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REPUBLIC OF KENYA

IN THE RESIDENT MAGISTRATE COURT OF KENYA AT KAKAMEGA

CIVIL SUIT NO… OF 2023

PAUL JISEVE MBUNI……………………………………………..CLAIMANT

BENARD ENANA KHAL………………………………………….RESPONDENT

Particulars of loss and damages

JISEVE AND COMPANY ADVOCTAES

DRAWN & FILED BY:-

IN THE RESIDENT MAGISTRATE COURT OF KENYA AT KAKAMEGA

CIVIL SUIT NO… OF 2023

PAUL JISEVE MBUNI……………………………………………..CLAIMANT

BENARD ENANA KHAL………………………………………….RESPONDENT

Dated at Nairobi this day of 2023

JISEVE AND COMPANY ADVOCATES

DRAWN & FILED BY:-

Jiseve & Company Advocates,

Bernard Enana Khal

IN THE RESIDENT MAGISTRATE COURT OF KENYA AT KAKAMEGA

CIVIL SUIT NO… OF 2023

PAUL JISEVE MBUNI………..………………………....................................CLAIMANT

BERNARD RNANA KHAL ……..…............................................................ RESPONDENT

NAME:PAUL JISEVE MBUNI

1. I am the above-named person, an adult of sound mind therefore, I have the

9. That is all I wish to state.

PAUL JISEVE MBUNI } …………………………….

IN THE RESIDENT MAGISTRATE COURT OF KENYA AT KAKAMEGA

CIVIL SUIT NO… OF 2023

PAUL JISEVE MBUNI ………..………………………....................................CLAIMANT

BERNARD RNANA KHAL ……..…............................................................ RESPONDENT

THE CLAIMANT’S LIST OF DOCUMENTS

JISEVE AND COMPANY ADVOCATES

DRAWN & FILED BY:-

Bernard Enana Khal

IN THE RESIDENT MAGISTRATE COURT OF KENYA AT KAKAMEGA

CIVIL SUIT NO… OF 2023

NATHAN NZIOKA MUTUKU ………..………………………....................................CLAIMANT

HIGH WORTH MOTORS LIMITED ……..…............................................................

I …………………………………………………. of P. O Box ………………….a process server,

1. On the ………………………………..day of …………………………., 20 ……. at

(Please tick where appropriate)

He/she □ signed □ refused to sign the document.

He/she was □personally known to me □ was identified to me by (indicate the name)

5. I declare that the information given above is true

Dated this day of 20

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