Submissions 4 Kandara

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT THIKA

MISCILLENEOUS APPLICATION NO_____2010
IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22
AND
IN THE MATTER OF AN APPLICATION FOR LEAVE TO FILE SUIT OUT OF TIME
STEVE I MUIRURI----------------------------------------------------------------------------------APPLICANT
-VS-
AMENDO CENTRE (K) LTD------------------------------------------------------------------------RESPONDENT
EX-PARTE ORIGINATING SUMMONS

(Under section 27 of the limitation of Actions Act Section 3A of the Civil Procedure Act, Order XXXVI Rule 3 c(i) of the Civil
Procedure Rules and all enabling Provisions, Rules and Regulations.)
LET ALL PARTIES CONCERNED attend the learned Magistrates Chambers on the _______day of__________2010
at_________O’clock in the forenoon or soon thereafter as counsel for the applicant will be heard seeking orders that:-
(a) This Honourable Court be pleased to grant the applicant leave to file suit against the respondents herein out of time.
(b) The costs hereof be in the cause.
WHICH APPLICATION is based on the grounds that:-
(I) The cause of action arose on the 4th day of June 2006 and the applicant right of action is now statute barred.
(II) That the applicant instructed the firm of M/s MOMANYI ASSOCIATES &CO. ADVOCATES to file the matter
on his behalf.
(III) That despite assurance to the contrary the said firm never instituted the said proceedings.
(IV) That no prejudice will be occasioned to the respondent if the orders sought are granted.
AND WHICH APPLICATION is further supported by the annexed affidavit of STEVE I MUIRURI and on such other
and or further grounds and reasons to be adduced at the hearing hereof .
DATED at THIKA this day of 2010.

NYASANI E.N & CO.
ADVOCATES FOR THE PLAINTIFF/APPLICANT.
DRAWN & FILED BY:
NYASANI E.N & CO. ADVOCATES,
WANGU BOOTS BUILDING, 2ND FLOOR,
ROOM NO. F, UHURU STREET,
NEXT TO HOUSING FINANCE,
P.O. BOX 1637,
THIKA. Our Ref: (ACC/TKA/EN/2094/06)
TO BE SERVED UPON: -
AMEDO CENTRE (K) LTD
(If any party served does not attend at the day and time herein appointed the Court may proceed to issue such orders as it may
think fair and just such non attendance notwithstanding).
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT THIKA
MISCILLENEOUS APPLICATION NO_____2010
IN THE MATTER OF LIMITATION OF ACTIONS ACT CAP 22
AND
IN THE MATTER OF AN APPLICATION FOR LEAVE TO FILE SUIT OUT OF TIME
STEVE I MUIRURI----------------------------------------------------------------------------------APPLICANT
-VS-
AMENDO CENTRE (K) LTD------------------------------------------------------------------------RESPONDENT
SUPPORTING AFFIDAVIT
I STEVE I MUIRURI bearer of ID Number 13273198 and of Po Box 8 THIKA in the Republic of Kenya do
hereby solemnly make oath and state as follows:-
1. THAT l am an adult male of sound mind the applicant herein and hence duly competent to swear
this Affidavit.
2. THAT at all material times relevant to this suit l was the driver/owner of Motor Vehicle Registration
Number KUA 468.
3. THAT on or about the 4th day of June 2006 at about 11.00pm whilst l was lawfully driving my said
Motor Vehicle along Thika Garissa Road, the respondent by himself, driver agent or servant
negligently drove/or controlled Motor Vehicle Registration Number KAA 650 Q thereby
occasioning a collusion with my said Motor Vehicle.
4. THAT as a result of the said accident l sustained various bodily injuries to which the accident was
solely caused by the respondent’s negligence.
5. THAT immediately I instructed the Firm of M/s MOMANYI ASSOCIATES & CO. ADVOCATES
to file the suit for the compensation of the said injuries.
6. THAT despite assurances to the contrally the said firm never commenced the said proceedings
against the respondent herein.
7. THAT l have now been advised by my advocates on record which advise I verily believe to be true
that time to sue the respondent has already caught up with my claim.
8. THAT l have further been advised by my advocates on record which advise l verily believe to be
true that leave of this Honourable Court must first be sought before instituting any proceedings
against the respondent herein.
9. THAT l have not intentionally and/ or deliberately failed to file this suit within the stipulated time
but the said delay was occasioned by my previous advocates.
10. THAT in the interest of Justice and fair hearing the mistakes of my previous advocates on record
should not be visited upon me.
11. THAT l have a good case with a high probability of success.
12. THAT l swear this affidavit in support of the application herewith filed.
13. THAT what is deponed hereto is true to the best of my knowledge, information and belief save
where sources have been disclosed.
DATED at Thika this day of 2010.
NYASANI E. N & CO.
ADVOCATES FOR THE PLAINTIFF.
DRAWN & FILED BY:

NYASANI E. N. & CO. ADVOCATES,
WANGU BOOTS BUILDING, 2ND FLOOR,
ROOM NO. F, UHURU STREET,
NEXT TO HOUSING FINANCE,
P.O. BOX 1637,
THIKA. Our Ref: (ACC/TKA/EN/2094 (06)
TO BE SERVED UPON:
1. AMEDO CENTRE (K) LTD.

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REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT THIKA

EX-PARTE ORIGINATING SUMMONS

DATED at THIKA this day of 2010.

11. THAT l have a good case with a high probability of success.

DRAWN & FILED BY:

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