REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE COURT AT NAIROBI

MILIMANI COMMERCIAL COURTS

CIVIL SUITS NO. 6897 OF 2023

NORBERT OUMA NDEGE and MARY ANYANGO NDEGE (Suing as the Personal Representative of
the Estate of PAULINE MWOGO ASIGE (Deceased)…………….PLAINTIFF

-VERSUS-

ASL LIMITED………………………………………………………………….1ST DEFENDANT

MOSES WANGOMBE………………………………………………………...2ND DEFENDANT

DODI AUTOTECH (K) LIMITED…………………………………………...3RD DEFENDANT

1ST & 2ND DEFENDANT’S AMENDED STATEMENT OF DEFENCE

1. Save as what is herein below expressly admitted, the Defendant denies each singular
allegation contained in the Plaint as if the same were set out verbatim and traversed
seriatim.
2. The 1st and 2nd Defendant admit the contents of paragraph 1, 2, 3 and 4 of the Plaint as
they are merely descriptive of the parties herein save that its address for service of the
suit shall be care of M/S OJIENDA & CO. ADVOCATES, VIEW PARK TOWERS, 2ND FLOOR,
UHURU HIGHWAY WING C, P.O. BOX 17245-00100 NAIROBI.
3. The 1st and 2nd Defendants admit the contents of paragraph 5 of the Plaint only in so far
as to the occurrence of the accident.
4. The 1st and 2nd Defendants deny the contents of paragraph 6 of the Plaint in regards to
the negligence of motor vehicle registration number KBU 658H and Motor vehicle
registration number KCE 509 and particulars of negligence outlines in paragraph 6 of the
serialized as a, b, c, and d of the aforesaid paragraph.
 5. The 1st and 2nd Defendants deny the contents of paragraph 7 and put the Plaintiff to strict
proof.
6. The 1st and 2nd Defendants deny the contents of paragraph 8, 9, 10, 11 and 12 of the Plaint
and the Plaintiff is called to strict proof.
7. The 1st and 2nd Defendants deny paragraphs 13 of the Plaint and particulars of special
damages serialized as a, b, c and d. The Plaintiff shall be put to strict proof thereof.
8. Paragraph 14 of the Plaint is admitted.
9. The 1st and 2nd Defendants deny paragraph 15 and state that no demand was made and/or
any intention to sue was served upon them.
10. The jurisdiction of this Honourable Court is admitted.

REASONS WHEREFORE the 1st and 2nd Defendants pray that the Plaintiff’s suit be dismissed with
costs.

DATED at NAIROBI this 3rd day of September, 2023.

AMENDED at NAIROBI this day of , 2023.

OJIENDA & CO. ADVOCATES
ADVOCATES FOR THE 1st & 2nd DEFENDANTS

DRAWN & FILED BY:-

OJIENDA & COMPANY ADVOCATES
VIEW PARK TOWERS, 2ND FLOOR, WING C,
UHURU HIGH WAY,
P.O. BOX 17245-00100,
NAIROBI.

TO BE SERVED UPON: -
KIBATHI & CO. ADVOCATES
NAIROBI.