REPUBLIC OF KENYA
IN THE SENIOR RESIDENT MAGISTRATES COURT AT USORO
CIVIL SUIT NUMBER 36 OF 2013
JOHN DOE………………….………………………………………………PLAINTIFF
VERSUS
JANE DOE LTD..............................................................................DEFENDANT
CHAMBER SUMMONS (EX-PARTE)
(Under Order 1 Rule 15(1)) of the Civil Procedure Rules 2010, Section 1A & 1B and all other enabling
provisions of the Law)
LET ALL PARTIES concerned attend before the Honourable Magistrate in Chambers on the
day of 2021 at 9.00 O'clock in the forenoon or soon thereafter so as Counsel for the
Defendant/Applicant may be heard on an Application for ORDERS:-
1. THAT the Defendant/Applicant be granted leave to issue and serve a Third Party Notice
upon SISTE LTD as per the annexed draft Third Party Notice marked “GF1”.
2. THAT the costs of this application be provided for.
WHICH APPLICATION is based on the following grounds: -
a) That the Defendant will seek indemnity from the proposed Third Party for
any award in damages that may be found to be liable from the Defendant to
the Plaintiff.
b) That the proposed Third Party is SISTE LTD, the owner of the truck and
trailer registration numbers KKK 345/ ZK 001.
c) The accident that is the subject matter of this suit was caused by the
negligence of the driver of KKK345/ZK 001
d) That it is in the interests of justice that the proposed Third Party be enjoined
to enable the determination of the issue of liability.
AND WHICH APPLICATION is further grounded on the annexed Affidavit of MARKUS
OCHOLA and such other or further grounds as may be adduced at the hearing hereof.
DATED at NAIROBI this day of 2021
WAKILI SHUPAVU & ASSOCIATES
ADVOCATES FOR THE DEFENDANT/APPLICANT
DRAWN & FILED BY:-
WAKILI SHUPAVU & ASSOCIATES
ADVOCATES
KENYA SCHOOL OF LAW (REF:09449)
P.O BOX 22222
NAIROBI
Tel: 07777777777777
Email: mail@[Link]
REPUBLIC OF KENYA
IN THE SENIOR RESIDENT MAGISTRATES COURT AT USORO
CIVIL SUIT NUMBER 36 OF 2013
JOHN DOE………………….………………………………………………PLAINTIFF
VERSUS
JANE DOE LTD..............................................................................DEFENDANT
SUPPORTING AFFIDAVIT
I, WAKILI WAKILI of Post Office Box Number . NAIROBI in the Republic of Kenya do hereby
MAKE OATH and solemnly state as follows:-
1. THAT I am a director of the Defendant Company; I am familiar with the facts of this
matter and I am duly authorized to swear this affidavit on behalf of the Defendant.
2. THAT on I received an Investigation Analysis Report from XXX Assurance Company
Limited relating to a road traffic accident that occurred on 02/05/2021 along Nakuru-
Nairobi Road which is the basis of this case. Annexed hereto and marked as MO1 is a copy
of the said investigation report.
3. THAT according to the Investigation Analysis Report, there was a third party involved in
causing the accident and whom should be apportioned liability for causing the said accident.
4. THAT in order to set down this case for hearing it is necessary that directions be given as
regards the question of liability between the Defendant as against the third party.
5. THAT the Plaintiff will not be prejudiced in any way by the Third Party Notice being
issued.
6. THAT it is in the interest of justice and for a fair dispensation of this matter that this
Application be allowed.
7. THAT I swear this affidavit in support of the Defendant's application that this Honourable
Court do give directions on the third party notice herein.
8. THAT what is deponed on herein is true to the best of my knowledge, information and
belief.
SWORN by the said WAKILI WAKILI )
at NAIROBI this day of 2023 )
)
BEFORE ME )
)
)
COMMISSIONER FOR OATHS )
DRAWN & FILED BY:-
WAKILI SHUPAVU & ASSOCIATES
ADVOCATES
KENYA SCHOOL OF LAW (REF:09449)
P.O BOX 22222
NAIROBI
Tel: 07777777777777
Email: mail@[Link]
REPUBLIC OF KENYA
IN THE SENIOR RESIDENT MAGISTRATES COURT AT USORO
CIVIL SUIT NUMBER 36 OF 2013
JOHN DOE………………….………………………………………………PLAINTIFF
VERSUS
JANE DOE LTD..............................................................................DEFENDANT
THIRD PARTY NOTICE
(Order 1 Rule 15 of the Civil Procedure Rules)
Issued pursuant to an Order of the Court dated 2021
TO
SISTE LTD
NAIROBI
TAKE NOTICE that this action has been brought by the Plaintiff against the Defendant. In it, the
Plaintiff claims against the Defendant in accordance with the attached Plaint. The Defendant
disputes the Plaintiff’s claim on the grounds set out in the Defence but in the event of his being held
liable to the Plaintiff, the Defendant claims that he is entitled to indemnity on the grounds, inter alia
that at the material time of the road traffic accident, subject-matter of this suit, your vehicle KKK
345/ ZK 001is the one which caused the accident.
FURTHER TAKE NOTICE that the Defendant claims to be indemnified against liability for any
costs and interest that may be awarded to the Plaintiff, the costs that will be incurred by the
Defendant in defending the Plaintiff’s claim herein and the costs of these Third Party Proceedings.
AND FURTHER TAKE NOTICE that if you wish to dispute the Plaintiff’s claim against the
Defendant or the Defendant’s claim against yourself, you must appear within 15 days after the
service of this Notice on yourself, inclusive of the date of service, otherwise you will be taken to
admit the Plaintiff’s claim against the Defendant and the Defendant’s claim against you and you will
be bound by any Judgment given in this suit.
DATED at NAIROBI this day of 2021
WAKILI SHUPAVU & ASSOCIATES
ADVOCATES FOR THE DEFENDANT/APPLICANT
DRAWN & FILED BY:-
WAKILI SHUPAVU & ASSOCIATES
ADVOCATES
KENYA SCHOOL OF LAW (REF:09449)
P.O BOX 22222
NAIROBI
Tel: 07777777777777
Email: mail@[Link]
