REPUBLIC OF KENYA

IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU

NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT

PLAINT
(FAST TRACK)
1. The Plaintiff is a male adult of sound mind residing and working for gain within the
Republic of Kenya. (His Address of service for purposes of this suit shall be Maarifa
& Co Advocates, P.O Box 100-000, Nairobi).

2. The Defendant is a male adult of sound mind residing and working for gain within the
Republic of Kenya. (His Address of service for the purpose of the suit shall be P.O
Box 208, Nakuru).

3. At all material times before and during this suit, the Plaintiff is a motor vehicle dealer
with a principal place of business situated in Nakuru County. The Defendant is a
businessman with a principal place of business within Nakuru County.

4. On or about 1st October 2016, the Plaintiff entered into a sale agreement with the
Defendant for the purchase of motor vehicle Lexus Model of Registration Number KCA
484ZQ for Kshs. 4,500,000/=.

5. The motor vehicle was delivered on 7th October 2016 to the defendant pursuant to the
sale agreement.

6. Despite numerous efforts being made to the defendant to pay up the whole sum of
4,500,000, the defendant has failed, refused and/or neglected to pay up the sum contrary
to the sale agreement which amounts to breach of the sale agreement.
PARTICULARS OF BREACH OF THE SALE AGREEMENT
a) Failure to pay the amount prescribed under the sale agreement

7. As a result, the Plaintiff has suffered loss and damage resulting from the Defendant’s
actions.

8. Despite demand being made to the defendant, the defendant has refused, failed and/or
neglected to make good of the plaintiff’s claim and pay up the money demanded.

REASONS WHEREOF the Plaintiff prays for the following remedies from this court:
a) Special Damages in the sum of 4,500,000/=
b) Cost of the suit and interest thereon.

9. That there is no other suit pending, and that there have been no previous proceedings, in
any court between the plaintiff and the defendant over the same subject matter.

10. That this Court has jurisdiction over this matter.

DATED this…………………………….…, day of……………………………….2017.

MAARIFA & COMPANY ADVOCATES

ADVOCATES FOR THE PLAINTIFF

DRAWN AND FILED BY:

Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.
TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU
NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT

VERIFYING AFFIDAVIT
I, SALIM BOY of Post Office Box Number 0001-00200 Nakuru and a resident of Nakuru
County in the Republic of Kenya, hereby make an oath and state as follows:

1. THAT I am a male adult of sound mind, the Plaintiff herein, conversant with the facts
pertaining hereto and therefore competent to swear this Affidavit.
2. THAT I have instructed the firm of MAARIFA & COMPANY ADVOCATES to file
this Plaint.
3. THAT I have read and understood the content of the Plaint, and I verify the correctness
of the averment contained therein, and further swear this affidavit in support of my Plaint.
4. THAT there are no proceedings in any court and that there have never been previous
proceedings in any Court between the Plaintiff and the Defendant regarding the subject
matter herein.
5. THAT the matters deposed to herein are true to the best of my knowledge, information
and belief.

SWORN at Nairobi by the said ]

SALIM BOY ]
This…………………day of .....................…...2017 ]……………………………………………..
Before me: ] Deponent
]
]

Commissioner for Oaths.

DRAWN & FILED BY
Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.
TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU
NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT
LIST OF DOCUMENTS
1. The Sale Agreement between Salim boy and Mwanasiasa for the purchase of motor
vehicle Lexus Model of Registration Number KCA 484ZQ.
2. The Delivery note for the motor vehicle.
3. The Demand letter.

DATED this…………………………….…, day of……………………………….2017.

MAARIFA & COMPANY ADVOCATES

ADVOCATES FOR THE PLAINTIFF

DRAWN AND FILED BY:

Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.

TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU
NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT
LIST OF WITNESSES
1. Salim Boy
2. Wakili Boniface
3. Binti Malkia

DATED this…………………………….…, day of……………………………….2017.

MAARIFA & COMPANY ADVOCATES

ADVOCATES FOR THE PLAINTIFF

DRAWN AND FILED BY:

Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.

TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU
NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT
WITNESS STATEMENT
I, SALIM BOY of Post Office Box Number 0001-00200 Nakuru and a resident of Nakuru
County in the Republic of Kenya, hereby make an oath and state as follows:

On 1st October 2016, I entered into a sale agreement with the defendant for the purchase of motor
vehicle Lexus Model of Registration Number KCA 484ZQ. The agreement was drafted by Mr.
Wakili Boniface. Pursuant to the sale agreement, I delivered the motor vehicle on 7 th October
2016 upon which the Defendant was required to pay the whole sum of Kshs. 4,500,000/=. I sent
one of my employee, Ms. Binti Malkia to deliver the motor vehicle to the Defendant and she
returned with a delivery note showing proof of the delivery. From 7 th October 2016, I have made
numerous requests to Mwanasiasa to pay up the sum amount due but all efforts have been to no
avail.
I pray that the Honourable court grant my prayers.

DATED this…………………………….……………. day of……………………………….2017.

…………………………………………………..
SALIM BOY
DRAWN AND FILED BY:
Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.
TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU
NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT
WITNESS STATEMENT
I, WAKILI BONIFACE of Post Office Box Number 0001-00200 Nakuru and a resident of
Nakuru County in the Republic of Kenya, hereby make an oath and state as follows:
In or about September 2017, Mr. Salim Boy approached my office for the purpose of drafting a
sale agreement between him and the Defendant for the purchase of motor vehicle Lexus Model
of Registration Number KCA 484ZQ for the sum of Kshs.4,500,000/=.
I witnessed the signing of the sale agreement between the two parties on 7th October 2017.
The above facts are true to the best of my knowledge and belief.
DATED this…………………………….……………. day of……………………………….2017.

…………………………………………………..
WAKILI BONIFACE

DRAWN AND FILED BY:

Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.
TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE’S COURT AT NAKURU
NAKURU LAW COURTS
CIVIL CASE NO. ……………… OF 2017

SALIM BOY…………………...…………………………………………………….. PLAINTIFF

VERSUS

MWANASIASA………………...………………………………………………….DEFENDANT
WITNESS STATEMENT
I, BINTI MALKIA of Post Office Box Number 0001-00200 Nakuru and a resident of Nakuru
County in the Republic of Kenya, hereby make an oath and state as follows:
On 7th October 2017, my employer the Plaintiff informed that I am to deliver motor vehicle
Lexus Model of Registration Number KCA 484ZQ to the defendant at his home residence. He
gave me the defendant’s home address and upon arriving at the defendant’s residence I informed
the security guard that I was sent by the plaintiff to deliver the motor vehicle. He called the
defendant and the defendant came. He checked the motor vehicle after which he signed the
deliver note that I issued to him. Once I came back to the office later in the afternoon, I issued a
copy of the delivery note to the Plaintiff as proof of delivery.
The above facts are true to the best of my knowledge and belief.
DATED this…………………………….……………. day of……………………………….2017.

…………………………………………………..
BINTI MALKIA

DRAWN AND FILED BY:

Maarifa & Co Advocates,
P.O Box 100-000,
Nairobi.
TO BE SERVED UPON:
Mwanasiasa
P.O Box 208,
Nakuru.