REPUBLIC OF KENYA

IN THE SMALL CLAIMS COURT AT MILIMANI

CLAIM NO OF 2023
GLOBE CONNECT LIMITED ……………………………………………….…………CLAIMANT
VERSUS
OKWANY DANSTONE ODHIAMBO……………………………...………,.……..RESPONDENT

STATEMENT OF CLAIM
1. Claimant’s Personal Details

Name: Globe Connect Limited

Postal Address:351 Thika
Physical Address: Arnold Plaza, Woodvale Groove Westlands
Telephone Contact: 0721176451
Email Address: moniqueg127@gmail.com
Nature of Business: Travel Agency
2. Respondent’s Personal Details.
Name: Okwany Danstone Odhiambo
Postal Address: Nairobi
Physical Address: Nairobi
Telephone Contact: 0710566106
Email Address: stone@tembotamu.co.ke
Nature of Business: Business Man
3. Nature of Claim (Please tick where appropriate).
a) Goods sold and delivered on or about the............ day of................ 20 (give date)
to the value of Kshs......................................................
b) Services rendered on or about 6 t h October, 2023 the value of USD 3,060
c) A Contact relating to money had and received on or about the.... day of ......... 20
in the sum of Kshs.
d) Compensation for loss or damage to property which occurred on or about
the....day of ……………….valued at Kshs……………
e) Compensation for personal injury which occurred on or about the ...... day
of.............20............
4. Briefly explain the circumstances under which the claim arose, and attach
documents (if any) in support of your claim.

On or about or about 5th October, 2023 the Respodent herein approached the
Claimant through one of its Travel Consultants for the claimant to book him Four(4)
return air tickets with Kenya Airways from Kinshasa Airport to Jomo Kenyatta
International Airport.

The Claimant in fulfilment of his contractual duties went ahead and procured the
Respondent the said air ticket and paid a deposit of Kshs 299, 000 for 2 air tickets.

Upon payment of a deposit for the said air tickets, the Respondent herein issued the
Claimant with a Post Dated Cheque of USD 3043 with instructions to bank it on 23rd
October, 2023.
 The Claimant through its Agent deposited the said cheque on 23rd October, 2023
but the same was rejected due to insufficient funds in the Respondent's account.

The claimant through its agent Monicah Chege informed the Respondent that the
cheque had been rejected and he needed to pay the balance to the Claimant as soon
as possible.

On, 10th November, 2023, the Respondent wrote a text message to the said Monicah
confirming that he would pay the balance owed and any bank charges that might
have accrued.

However, in total disregard of his promise to pay, the Respodent refused to remit the
amount owed and even ignored calls from the Claimant’s agent.

The Claimant therefore instructed its advocates on Record to send a demand letter.

In response to the demand Letter, the Respodent sent an email to the Claimant
Advocates confirming that he owed the Claimant and that the amount owed would
be paid in full on 4th December, 2023.

The unjustified refusal to pay the Claimant for work done under the Agreement
constituted a breach of contract.

PARTICULARS OF BREACH OF CONTRACT

a) Failure and/or refusal to pay the Claimant the balance owed despite unequivocally
acknowledging its indebtedness and despite evidently receiving the air tickets from
the Claimant;

b) Failure to furnish the Claimant with timely and accurate information regarding the
status of his account hence leading to rejections and/or decline of the cheques; and

c) Failure to furnish the reasons and measures it has taken to redress the rejection or
what steps it required me to take to atone for the cheque rejection.

5. Remedy/Relief sought; (Please tick where appropriate)

a) Judgment in the sum of USD 3060 being

i. The amount owed which id USD 3043

ii. The bank charges for the rejected cheque which is USD 17

b) Damages for Breach of Contract (to be determined by the Court)

c) Costs of the Claim (to be assessed by the Court)

d) Other appropriate relief (briefly explain)

 e) Interests on Judgment in the sum of a, b and c.

By filing this Claim, I (the Claimant) hereby waive and forfeit the recovery of all sums in
excess of Kshs 1,000,000.00/=, excluding costs and interest.

Declaration
I declare that the information given above is true
Name of Claimant Signature of Claimant

1. Monicah Chege ………………………………………

FOR GLOBE CONNECT LIMITED

DATED at Nairobi this ……… ……... day of………… …….………, 2023

MUGWERU & NDEGE LEGAL ASSOCIATES
ADVOCATES FOR THE CLAIMANT

DRAWN & FILED BY:

Mugweru Ndege & Legal Associate Advocates,
Biashara Plaza
nd
2 Floor Suite 10,
Moi Avenue Biashara Street Junction.
P.O Box Number 51579-00200
NAIROBI.
info@mnladvocates.com
0729643447

TO BE SERVED UPON:
OKWANY DANSTONE ODHIAMBO
0710566106
stone@tembotamu.co.ke

Acknowledge of Service
I acknowledge service of this Statement of Claim delivered to me, with evidential documents
attached, on..........................................................

Name of Respodent: OKWANY DANSTONE ODHIAMBO

Signature of Respodent: ……………………………………………
 REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT MILIMANI
CLAIM NO OF 2023
GLOBE CONNECT LIMITED ……………………………………………….…………CLAIMANT
VERSUS
OKWANY DANSTONE ODHIAMBO……………………………...………,.……..RESPONDENT

LIST OF WITNESSES

1. Monicah Chege

DATED at NAIROBI on this ……….…..… day of ………..……2023

DRAWN & FILED BY:

Mugweru Ndege & Legal Associate Advocates,
Biashara Plaza
nd
2 Floor Suite 10,
Moi Avenue Biashara Street Junction.
P.O Box Number 51579-00200
NAIROBI.
info@mnladvocates.com
0729643447

TO BE SERVED UPON:
OKWANY DANSTONE ODHIAMBO
0710566106
stone@tembotamu.co.ke
 REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT MILIMANI
CLAIM NO OF 2023
GLOBE CONNECT LIMITED ……………………………………………….…………CLAIMANT
VERSUS
OKWANY DANSTONE ODHIAMBO……………………………...………,.……..RESPONDENT

WITNESS STATEMENT.

I, Monicah Chege a resident of Nairobi and of P.O. Box. …………………….. Nairobi within
the Republic of Kenya solemnly swear and state as follows THAT: -

1. I am a Travel Consultant at the Claimant’s Company therefore duly authorized and

competent to swear this affidavit.

2. On or about or about 5th October, 2023 the Claimant herein was contracted by the
Respondent as a Travel Agency to book him Four(4) return air tickets with Kenya
Airways from Kinshasa Airport to Jomo Kenyatta International Airport.

3. The Claimant in fulfilment of his contractual duties went ahead and procured the
Respondent the said air ticket and paid a deposit of Kshs 299, 000 for 2 air tickets.

4. Upon payment of a deposit for the said air tickets, the Respodent herein issued the
Claimant with a Post Dated Cheque of USD 3043 with instructions to bank it on 23rd
October, 2023.

5. The Claimant through its Agent deposited the said cheque on 23rd October, 2023
but the same was rejected due to insufficient funds in the Respondent's account.

6. The claimant through its agent Monicah Chege informed the Respodent that the
cheque had been rejected and he needed to pay the balance to the Claimant as soon
as possible.

7. On, 10th November, 2023, the Respodent wrote a test message to the said Monicah
confirming that they would pay the balance owed and any bank charges that might
have accrued.

8. However, in total disregard of his promise to pay, the Respodent refused to reply to
the Claimant Agent text messages causing the claimant to send a demand Letter to
the Respodent.

9. In response to the demand Letter, the Respodent sent an email to the Claimant
Advocates confirming that he owed the Claimant and that the amount owed would
be paid in full on 4th December, 2023.
 10. The unjustified refusal to pay the Claimant for work done under the Agreement
constituted a breach of contract.

11. That I pray the claimant suit be allowed as pleaded in the statement of claim.

That’s all I have to say.

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

MONICAH CHEGE

DRAWN & FILED BY:

Mugweru Ndege & Legal Associate Advocates,
Biashara Plaza
nd
2 Floor Suite 10,
Moi Avenue Biashara Street Junction.
P.O Box Number 51579-00200
NAIROBI.
info@mnladvocates.com
0729643447

TO BE SERVED UPON:
OKWANY DANSTONE ODHIAMBO
0710566106
stone@tembotamu.co.ke
 REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT MILIMANI
CLAIM NO OF 2023
GLOBE CONNECT LIMITED ……………………………………………….…………CLAIMANT
VERSUS
OKWANY DANSTONE ODHIAMBO……………………………...………,.……..RESPONDENT

LIST OF DOCUMENTS
1. Four Air- tickets
2. Cheque Deposit Slip
3. Correspondences
4. Demand Letter
5. Response to Demand Letter

DATED at NAIROBI on this ……….…..… day of ………..……2023

DRAWN & FILED BY:

Mugweru Ndege & Legal Associate Advocates,
Biashara Plaza
nd
2 Floor Suite 10,
Moi Avenue Biashara Street Junction.
P.O Box Number 51579-00200
NAIROBI.
info@mnladvocates.com
0729643447

TO BE SERVED UPON:
OKWANY DANSTONE ODHIAMBO
0710566106
stone@tembotamu.co.ke