Rankerous Lolwe employed Hawezi Kamwe as an agent to collect rent from his tenants in respect of 15 palatial residential houses in Muthaiga, Nairobi. Each tenant occupied a house on a monthly rent of Kshs.500,000/-. According to the tenancy agreement a deposit of Kshs.3 million was to be paid before occupation. All the 15 houses were fully occupied.
For some reason not disclosed, Hawezi Kamwe has not collected any rent from the tenants for 10 months. She had also not collected any down payments.
Feeling that his agent had not exercised due care and diligence, resulting in loss to him, Lolwe instructs you to file a suit against Kamwe for negligence, and claim from her sums due for rent and deposits, because any claim against the tenants had become time barred.
Your firm practices on New Sensation Plaza, 30th floor, Nairobi along Kenyatta Avenue. Hawezi Kamwe runs a debt collection business at Babekopi Emporium, Ground Floor, on Dreary Street, Machakos.
Draft an appropriate plaint for the claim.
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO……. OF 2017 (O.S)
RANKEROUS LOLWE………………………………….………….PLAINTIFF
VERSUS
HAMWEZI KAMWE………………………………………….DEFENDANT
ORIGINATING SUMMONS
(Under Order 37 Rule 3 of the Civil Procedure Rules)
LET ALL PARTIES CONCERNED attend the honourable judge in chambers on the day of 2017 at 2:00 O’clock in the afternoon on the hearing of an application on the part of RANKEROUS LOLWE of post office box number 22339-0100 Nairobi for orders THAT
- The Defendant to be declared in breach of his duty of due diligence by not collecting the rent and down-payments from the tenants
- The Defendant pay Damages for negligence
- The Defendant pay to the Plaintiff compensation amounting to 48,000,000 Kenya Shillings for sums due to her as rent
- Cost of this application.
THIS SUMMONS is supported by the affidavit of RANKEROUS LOLWE (annexed)
This summons was taken out by M/s Sheilla Sheikh & Associates Advocates for the above named RANKEROUS LOLWE
Dated at Nairobi this day of 2017
Sheilla Sheikh & Associates
Advocates for the Plaintiff
Drawn & Filed By
Shella Sheikh & Associates Advocates
New Sensation Plaza, 30th floor,
Kenyatta Avenue
P.O. Box 4XX23 – 00100
Nairobi
To Be Served Upon
HAMWEZI KAMWE
Babekopi Emporium Ground Floor,
Dreary Street,
PO BOX 6666-3300
Machakos
(If the Respondent does not enter an appearance within the time above mentioned such order may be made and proceedings taken as the court may think just and expedient.)
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO……. OF 2017 (O.S)
RANKEROUS LOLWE………………………………….………….PLAINTIFF
VERSUS
HAMWEZI KAMWE………………………………………….DEFENDANT
SUPPORTING AFFIDAVIT
I, RANKEROUS LOLWE, of P.O. Box 24990-00502, Nairobi, residing on Farm lane, off Dagoretti road, Karen, within the Republic of Kenya do hereby make oath and state as follows:
1. THAT I am the plaintiff herein with the knowledge of the facts in issue hence I am competent to swear this affidavit.
2. THAT I employed the Defendant as my agent to be collecting rent and down-payments from my 15 houses in Muthaiga.
3. Each down-payment cost KSH 3,000,000/= whereas rent per month was KSH 300,000/=
4. THAT the Defendant has in breach of his duty not collected rent for the last 10 months
5. That the breach of the defendants express duty was not explained on time and this has occasioned the Plaintiff Losses amounting to KSH 48,000,000/=
Sworn at Nairobi by the said }
RANKEROUS LOLWE } ………………………………….
This day of 2017 } Deponent
}
}
Before Me }
}
}
Commissioner for Oaths }
Drawn & Filed By
Shella Sheikh & Associates Advocates
New Sensation Plaza, 30th floor,
Kenyatta Avenue
P.O. Box 4XX23 – 00100
Nairobi.
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