REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT OF AT MERU

CIVIL SUIT NO. …………………………….………..OF 2024

CAROLINE KARWIRWA RIMITA……….…………………….PLAINTIFF/APPLICANT

-VERSUS-
JOSHUA NGARI……………………………..……………1ST DEFENDANT/RESPONDENT

I&M BANK LIMITED……………………….………….2ND DEFENDANT/RESPONDENT

CERTIFICATE OF URGENCY

I, C.K RIMITA, an Advocate of this Honourable Court of P. O. BOX 3151-60200

Meru do hereby certify that this application is extremely urgent and merits
immediate hearing.

The reasons for the urgency are inter-alia that the defendants/respondents have
threatened to auction the property of M/S MAITAI RIMITA & CO ADVOCATES
in payment of the unsecured loan to which the firm was never a security to the
said loan. The loan is unsecured hence they are not entitled to auction any
property whatsoever. The bank manager has thrown all sorts of threats including
to hire goons and bring them to the office and to deal with the plaintiff/applicant.

I therefore urge the court to hear the matter and intervene on priority basis.

DATED AT MERU THIS ………………………….DAY OF ……………………….2024

C.K. RIMITA,
FOR; MAITAI RIMITA & CO.
ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:
MAITAI RIMITA & CO.
ADVOCATES
P. O. BOX 3151 -60200
MERU

TO BE SERVED UPON:
I&M BANK LIMITED.
2ND NGONG AVENUE, OFF NGONG ROAD
P.O. BOX 30238-00100
NAIROBI
 REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT OF AT MERU

CIVIL SUIT NO. …………………………….………..OF 2024

CAROLINE KARWIRWA RIMITA……….…………………….PLAINTIFF/APPLICANT

-VERSUS-
JOSHUA NGARI……………………………..……………1ST DEFENDANT/RESPONDENT

I&M BANK LIMITED……………………….………….2ND DEFENDANT/RESPONDENT

NOTICE OF MOTION

(Under Sections 1A, 1B, 3A and 63 Civil Procedure Act and Order 40
r.1, 2 and 4 of the Civil Procedure Rules and all the other enabling
provisions of the law

TAKE NOTICE that this Honourable Court will be moved on the……………………

day of ……………………….2024 at 9.00 O’clock in the forenoon or soon thereafter as
the counsel for the plaintiff/applicant may be heard praying for the following
orders: -

1. THAT this application be certified urgent and be heard ex-parte in the

first instance.

2. THAT this Honourable Court be pleased to issue an order of temporary

injunction restraining the defendants by themselves, their servants,
and/or agents from entering, threatening to auction, further threatening to
deal with the plaintiff/applicant or in any way interfering with the
property of M/S MAITAI RIMITA & CO ADVOCATES until this
application is heard and determined.

3. THAT this Honourable Court be pleased to issue an order of temporary

injunction restraining the defendants by themselves, their servants,
and/or agents from entering, threatening to auction ,further threatening to
deal with the plaintiff/applicant or in any way interfering with the
property of M/S MAITAI RIMITA & CO ADVOCATES until this suit is
heard and determined.

4. THAT the costs of this application be provided for.

WHICH APPLICATION is supported by the affidavit of CAROLINE

KARWIRWA RIMITA the applicant and on the grounds that: -

1. THAT the defendant/respondent have threatened to deal with the

plaintiff/applicant and to auction the property of M/S MAITAI RIMITA &
CO ADVOCATES in repayment of a loan facility advanced to the applicant
herein whereas the same was not used as a guarantor to the said loan
facility
 2. THAT the intervention of this court is necessary to secure the applicant’s
life due to threat of use of hired goons and also so that M/S MAITAI
RIMITA & CO ADVOCATES’ property can be preserved until the court is
able to hear and dispose of this matter.

3. THAT it is also necessary to maintain the status quo until the matter is
heard and decision made

DATED AT MERU THIS ………………………….DAY OF ……………………….2024

MAITAI RIMITA & CO.

ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:
MAITAI RIMITA & CO.
ADVOCATES
P. O. BOX 3151 -60200
MERU

TO BE SERVED UPON:
I&M BANK LIMITED.
2ND NGONG AVENUE, OFF NGONG ROAD
P.O. BOX 30238-00100
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

IN THE CHIEF MAGISTRATE’S COURT OF AT MERU

CIVIL SUIT NO. …………………………….………..OF 2024

CAROLINE KARWIRWA RIMITA……….…………………….PLAINTIFF/APPLICANT

-VERSUS-
JOSHUA NGARI……………………………..……………1ST DEFENDANT/RESPONDENT

I&M BANK LIMITED……………………….………….2ND DEFENDANT/RESPONDENT

SUPPORTING AFFIDAVIT

I, CAROLINE KARWIRWA RIMITA of P. O. BOX 3151-60200 MERU make oath

and state as follows:

1. THAT I am the Applicant/Plaintiff herein hence competent to swear this

Affidavit.

2. THAT I took an unsecured loan of Kshs. 3,000,000/= from the

respondent herein in the year 2022 which I had been servicing.

3. THAT however, due to financial constraints, I have been unable to

consistently make the payments as per the loan agreement, hence the
default.

4. THAT the respondent’s manager has since started threating to send

auctioneers to auction the property of M/S MAITAI RIMITA & CO
ADVOCATES to which I am the managing director and to hire goons to
deal with me.

5. THAT the said office did not guarantee the loan as I took a personal loan
which was unsecured and therefore its property cannot be attached in
payment of the loan.

6. THAT I have not refused to pay the loan as I wait for the money to be
deposited in my account which is worth Ksh60 million after the execution
of decrees for money which is currently ongoing. (attached are copies of
the said decrees marked “C.K.R.1”)

7. THAT the conduct of the Branch Manager has baffled me. I’ve requested
him severally to give me time as the auctioneers are on the ground doing
their job day and night to recover the monies owed so that we can clear the
loan with just one cheque. I have shown him documentation of the money
we are chasing after but he is hell bent on dealing with me.

8. THAT the Manager has told me the he wants to embarrass me in my office

and surroundings and send hired goons.

9. THAT the conduct of the manager is at the least unbecoming.

 10. THAT in order to prevent the ends of justice from being defeated and in
light of the foregoing, intervention of this court is necessary and issuance
of temporary orders of injunction pending the hearing and determination
of this application and the subsequent suit.

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

information and belief.

SWORN AT MERU BY THE SAID:

CAROLINE KARWIRWA RIMITA -----------------------------------------

THIS …………..day of ……………2024 DEPONENT

BEFORE ME

COMMISSIONER FOR OATHS

DRAWN & FILED BY:

MAITAI RIMITA & CO.
ADVOCATES
P. O. BOX 3151 -60200
MERU

TO BE SERVED UPON:
I&M BANK LIMITED.
2ND NGONG AVENUE, OFF NGONG ROAD
P.O. BOX 30238-00100
NAIROBI
 REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT OF AT MERU

CIVIL SUIT NO. …………………………….………..OF 2024

CAROLINE KARWIRWA RIMITA………………………………………………….PLAINTIFF

-VERSUS-

JOSHUA NGARI………………………………………………………..…………1ST DEFENDANT

I&M BANK LIMITED…………………………………………………..……...2ND DEFENDANT

PLAINT

(FAST TRACK)

1. The plaintiff is an adult female person of sound mind and a resident of

Meru County and her address of service for purposes of this suit is care of
M/S MAITAI RIMITA & CO ADVOCATES, STANDARD BANK
BUILDING, MOI AVENUE, P.O BOX 3151-60200, MERU.

2. The 1st defendant is an adult male of sound mind, a resident of Meru

County and the manager of the 2 nd defendant’s Meru Branch. (service of
summons to be effected through the advocates for the plaintiff)

3. The defendant is a Banking Institution registered as such under the

Companies Act 2015 Laws Of Kenya with capacity to sue and be sued with
its head offices in Nairobi and with various branches in various towns
including Meru Town. (service of summons to be effected through
the advocates for the plaintiff)

4. That in or about the year 2023, the plaintiff obtained an unsecured loan or
financial facility to a tune of Kshs. 3,000,000/=.

5. The plaintiff has been paying the loan instalments, however, she is in
arrears due to financial crisis and now there is imminent danger that the
defendants will carry out execution.

6. The 2nd defendant’s manager, the 1st defendant herein, has since started
threating to send auctioneers to auction the property of M/S MAITAI
RIMITA & CO ADVOCATES to which the plaintiff is the managing director
and to hire goons to deal with her.

7. THAT the said office did not guarantee the loan as the plaintiff took a
personal loan which was unsecured and therefore its property cannot be
attached in payment of the loan.

8. The plaintiff has not refused to pay the loan as she is waiting for the money
to be deposited in my account which is worth Ksh60 million after the
execution of decrees for money which is currently ongoing

9. The conduct of the Branch Manager is however baffling in that the plaintiff
has requested him severally to give her time as the auctioneers are on the
ground doing their job day and night to recover the monies owed so that
 she can clear the loan with just one cheque. She has shown him
documentation of the money she is chasing after but he is hell bent on
dealing with her

10. The Manager has further threatened to embarrass the plaintiff in her
office and surroundings by sending hired goons which conduct of the
manager is at the least unbecoming.

11. The plaintiff avers that there is no other pending, and that there have been
no previous proceedings, in any court between the plaintiff and the
defendants over the same subject matter and that the cause of action
relates to the plaintiff named in the plaint.

12. The cause of action arose in Meru town within the jurisdiction of this
Honourable court.

REASONS WHEREFORE the plaintiff prays for judgment against the

defendants jointly and severally for;

1. An order of permanent prohibition and/or injunction to the 1 st and 2nd

defendants restraining the defendants by themselves, their servants,
and/or agents from entering, threatening to auction, further threatening to
deal with plaintiff or in any way interfering with the property of M/S
MAITAI RIMITA & CO ADVOCATES.

2. Costs and interests

3. Any further or better relief this Honourable Court may deem fit to grant.

DATED AT MERU THIS ………………………….DAY OF ……………………….2024

MAITAI RIMITA & CO.

ADVOCATES FOR THE APPLICANT
DRAWN & FILED BY:
MAITAI RIMITA & CO.
ADVOCATES
P. O. BOX 3151 -60200
MERU

TO BE SERVED UPON:
I&M BANK LIMITED.
2ND NGONG AVENUE, OFF NGONG ROAD
P.O. BOX 30238-00100
NAIROBI
 REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT OF AT MERU

CIVIL SUIT NO. …………………………….………..OF 2024

CAROLINE KARWIRWA RIMITA………………………………………………….PLAINTIFF

-VERSUS-

JOSHUA NGARI………………………………………………………..…………1ST DEFENDANT

I&M BANK LIMITED…………………………………………………..……...2ND DEFENDANT

VERIFYING AFFIDAVIT

I, CAROLINE KARWIRWA RIMITA of P.O BOX 3151-60200 MERU, make oath

and states as follows;

1. THAT I am the plaintiff herein and therefore competent to swear this

affidavit.

2. THAT I have read and understood the contents of the plaint herein and
especially paragraph 11 of the plaint and confirm the correctness of the
facts contained therein.

3. THAT I make this affidavit in verification of the plaint.

4. THAT the contents of this Affidavit are true to the best of my knowledge,
information and belief.

SWORN AT MERU BY THE SAID:

CAROLINE KARWIRWA RIMITA ------------------------------
DEPONENT

This ……………….day of ………………..2024

BEFORE ME

COMMISSIONER FOR OATHS

DRAWN & FILED BY:

MAITAI RIMITA & CO.
ADVOCATES
STANDARD BANK BUILDING,
P. O. BOX 3151 -60200
MERU