REPUBLIC_OF KENYA encsabeiiabmudsliglaiereea::” IN THE HIGH COURT OF KENYA AT KITUI B4| ela02p MISCELLANEOUS APPLICATION NOFo Q OF 2024 MULU & COMPANY ADVOCATES -- Magistrate’s Court at Kitui) ADVOCATE/CLIENT BILL OF COSTS ) | [No |DATE PARTICULARS OF SERVICES AMOUNT ‘AMOUNT RENDERED CHARGED TAXED I. |6/7/2007 |Taking instructions to file suit against the Defendant Damages to the tune of 5,700/=, General damages for | pain, suffering and loss of | herein and claim Special \ amenities, attending the Plaintiff in chambers on numerous occasions = and rendering legal research. 90,000.00 | Increase by % 45,000.00 2. |9/7/2007 | Preparing the demand letter, 4, |9/7/2007 |Service of the demand letter, statutory notice and statutory notice and letter forwarding the statutory| notice (3 folios) 1,110.00 | 3. |9/7/2007 |Making copies of the same (6 folios) 150.00 letter forwarding the statutory notice to the defendant's insurance company in Nairobi. 4,000.00 5. |12/7/2007 | Preparing Plaint 5 folios 1,250.006. 0. ae 12. 13. 14. 163 16. Ta 18. 12/7/2007 12/7/2007 11/8/2007 1/10/2007 2/10/2007 13/12/2007 15/1/2008 15/1/2008 8/3/2008 25/3/2008 27/5/2008 28/5/2008 Making 3 copies thereof (10 folios) Attending court registry at Kitui to file Plaint Service of Summons to Enter Appearance upon the Defendant at Katulani Drawing a request for judgment against the Defendant and an affidavit of service (3 folios) Making 2 copies of request for judgement Attending court registry at Kitui to file Request for Judgment Drawing a letter to the Respondent (1 folio) Attending court at Kitui for hearing. Drawing a letter to the Respondent (1 folio) Attending court at Kitui for hearing. Drawing a letter to the Respondent (1 folio) Attending court at Kitui for hearing Drawing a letter to the Respondent (1 folio) 250.00 4,000.00 5,000.00 1,100.00 300.00 4,000.00 1,100.00 4,000.00 1,100.00 4,000.00 1,100.00 4,000.00 1,100.0019. 20. 21. 222 2a. 24. 25. 26. 27. 28. 28. 30. 31. 32. 1/7/2008 3/7/2008 28/10/2008 29/10/2008 11/11/2008 8/5/2010 4/3/2020 6/3/2020 26/1/2021 23/2/2021 23/3/2021 25/3/2021 Attending court at Kitui for hearing Drawing a letter to the Respondent (1 folio} Attending court at Kitui for hearing Drawing a letter to the Respondent (1 folio} Attending court at Kitui for hearing Drawing a letter to the Respondent (1 folio) Drawing an application dated 4/3/2020 (4 Folios) Making copies of the application (8 Folios) Making copies of the annextures. (6 Folios Attending court at Kitui to file the application Attending court at Kitui for hearing the application Attending court at Kitui for hearing Attending court at Kitui for hearing Drawing a letter to the Respondent (1 folio) 4,000.00 1,100.00 4,000.00 1,100.00 4,000.00 1,100.00 1,100.00 400.00 300.00 4,000.00 4,000.00 4,000.00 4,000.00 1,100.0034, 35. 36. 32. 38. 39. 40. 41. 42. 43. 44, 45. 46. 21/9/2021 29/0/2021 3/5/2022 28/3/2023 28/3/2023 6/6/2023 6/6/2023 5/9/2023 5/9/2023 19/10/2023 26/10/2023 26/10/2023 7/11/2023 7/11/2023 Attending court at Kitui Mention Drawing a letter to Respondent (1 folio! Attending court at Kitui hearing Attending court at Kitui Mention Drawing a letter to Respondent (1 folio) Attending court at Kitui mention Drawing a letter to Respondent (1 folio) Attending court at Kitui hearing. Drawing a letter to Respondent (1 folio) Attending court at Kitui hearing Attending court at Kitui mention Drawing a letter to Respondent (1 folio) Attending court at Kitui mention Drawing a letter to Respondent (1 folio) for the for for the for the for the for for the for the 4,000.00 1,100.00 4,000.00 4,000.00 1,100.00 4,000.00 1,100.00 4,000.00 1,100.00 4,000.00 4,000.00 1,100.00 4,000.00 1,100.00«€ 47. | 16/11/2023 48. | 20/11/2023 49, | 28/11/2023 50. | 5/12/2023 51. 5m 53. | 6/12/2023 | 54. [15/12/2023 55. | 25/1/2024 Attending court at Kitui for hearing Drawing a letter to the Respondent (1 folio) Attending court at Kitui for hearing Drawing the application dated 5/12/2023 (4 Folios Making copies of the same (8 Folios) Making copies of the annextures (15 Filos) Attending court for directions Service of the application upon the Respondent. Attending court for hearing of the application DISBURSEMENTS Filing fees:- v Plaint v Request for judgement Y Application ¥ Application Total Add 16% V.A.T Total 4,000.00 1,100.00 4,000.00 1,100.00 200.00 375.00 4,000.00 5,000.00 4,000.00 2390 250 495 1000 273,270.00 43,723.20 316,993.20 ee eee ———————— llDATED at MACHAKOS this CIR aay Sta buy 2024 MULY-« [COMPANY ADVOCATES FOR THE APPLICANT DRAWN & FILED BY: MULU & COMPANY H ADVOCATI Email: dommkish@gmail.comSS ys ~~ REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITUL MISCELLANEOUS APPLICATION NOEs OF 2024 MULU & COMPANY ADVOCATES ----~~ MUATHA KINYUNZU ~~ BIA HewWNE © 10. ai. 12: 13) DATED DRAWN . Instructions note . Respondent's identity card Receipts for Kshs. 4,210/= . Plaint . Summons to enter appearance . Treatment notes .P3 form -VERSUS- APPLICANT’ S LIST OF DOCUMENT’ APPLICANT’ S LIST Aor Served demand letter, Statutory Notice and forwarding letter. Payment vouchers for service of demand letter and statutory notice for Kshs. 4,000/= Search certificate payment vouchers for service of plaint and summons to enter appearance for Kshs. 5,000/=. Receipt for medical report Payment voucher for commission for Kshs.3,000/= at MACHAKOS this GitKiey of LDA VAM 2004 SERIAL NUMBER - LSK/2023/03575 ADMISSION NUMBER - P.105/3017/96 AND FILED BY MULU & COMPANY E_SERVED_UPON:~ MUATHA KINYUNZU P.O BOX KITUL Email: dommkish@gmail.comMULU & COMPANY ADVOCATES. INSTRUCTIONSNOTE = Losers ADVOCATES. P.O. BOX 568, KITUL to act for MMVATHCA:. .BiNtuates, Chand for njuiesdamage HE/SHE susainedsufered in a oad ie Mi involving Motor vehicle(s) 1 undertake to pay their fees and disbursements. 1 confirm that I have not instructed any other Advocate. Lael SIGNED. DATE..... ID/NO:... DISTRICT... DIVISION: LOCATION... SUB-LOCATIO! VILLAGE:... ADDRESS... TELEPHONE: BUILDING:.............---- fit. MMJAMHAdo hereby instruct MULU & COMPANY onJAMHURTYA KENYR REPUBLIC OF KENYAa2 Wit Aree ey TNAL nCharee ocala | men | s | ‘ a Eoubt Clerk e atREPUBLIC OF KENYA ‘THE JUDICIARY. eos Receipt SEK 0026736 ‘tut Magistrate Court Issved On: 2023-12-06 090508 ‘Siam BLS Ga SOMOCATES a Cave Ne: NCCCS28207 2 Deo 1 Any typeof appleaon (MC) 1,900.00 “Total: Ksh. 1,000.00 ( SL TET bettie RUSIOUIR |] Zos208 Te tomon Tol Pema XE 8.0 (Ome Twas utr) (CTS Imvelce REF: F2NPSE29 Justice be our Shleld and. Defener ‘This sa sjstom generated document and tortor nt sgned It isa valid document issued under Ww : the auto ofthe Judean of Keys,1010532 REPUBLIC oes . Court Exhibits Affidavit.MUATHA KINYUNZU ( A minor suing though his mother and ‘Next friend ROSEPHINE LENAH MWATHA) co2@2¢PLAINTIFF BEI tes a) b c qd el RSUS WA MUNYASYA:: RNARD MWE! /EFENDANT The plaintiff is a minor suing through his mother and next friend ROSEPHINE LENAH MWATHA, whose consent is annexed hereto and her address for service for the purpose of this suit is care of M/S MULU & COMPANY ADVOCATES, MULI HSE, 1 FLOOR, P.O.BOX 568-9020 The Defendant is a male adult of sound mind whose address for service for the purpose of this suit is care of P.O. BOX 284 KITUI (Service of Summons to Enter Appearance to be effected through the plaintiff's Advocates’ Offices), There is no other suit pending and there have been no previous proceedings in any other court between the plaintiff and the Defendant over the subject matter herein At all times material to this suit, the Defendant was the registered owner of Motor vehicle registration number KAR S66H MITSUBISHI CANTER. On or about 28/6/2007, the plaintiff (minor)was lawfully travelling in Motor vehicle registration number KAR S66H slong the KITUI -ZOMBE ROAD when at MWAANI AREA, the Defendant by himself, his driver, servant and/or agent drove, controlled and/or managed the said Motor vehicle registration number KAR S66H_ so negligently that he permitted the same to lose control, veer off the road, and overturn. PARTICULARS OF NEGLIGENCE Driving at a speed which was excessive in the circumstances. Failing to maintain any and/or any proper and effective control of the said Motor vehicle. "i Failing to stop, swerve, brake, slow down or in any other way so to steer the said Motor vehicle as to avoid the accident Driving carelessly and dangerously without any due regard to the safety of the passengers therein and especially the plaintiff herein. Wholly disregarding Traffic Rules and Regulations as contained in the Highway Code Causing this accident, AS far as necessary the plaintiff shall rely on the doctrine of RES IPSA LOQUITUR.6, Asaresult of the said accident, the plaintiff (minor) Sustained severe injuries and has suffered loss and damage | ARTICULARS OF INJURIES 1) Concussion of the brain, by Blunt trauma to the occipital region @)_ Crush injury to the right side ofthe chest PARTICULARS OF SPECIAL DAMAGES a) Medical and related Expenses, Kshs. 2,000.00 b) Medical report Kshs. 2,000.00 c) Search certificate Kshs: 1,500.00 ) Police Abstract Kshs. 200.00 TOTAL ‘And the plaimtiff claims general damages 7. Despite demand being duly made and notice of intention to sue duly served, the Defendant has refused, failed and/or neglected to admit liability and make good the plaintiff s claim. §, The cause of action arose along the KITUI-ZOMBE ROAD within the jurisdiction of this Honourable court. REASONS WHEREFORE: the plaintiff prays for Judgment against the Defendant for fa). Special damages inthe sum of Kshs. 5,700.00, >) General damages for pain, suffering ‘and loss of amenities, ¢) Costs of this suit, $) Interest on (a), (@) and c) above at court rat, f) Any such other or further relief as ve Honourable court may deem fit and just to grant DATED at KITUL this oy Seer 2007s z g z E 6 z z 2 < z g a zg 3 Zz $ R g = 5 g i TO BE SERVED UPON: g z fi a : & a Z 5 a EREPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE” CIVIL SUIT NUMBER 32%... OF 2007 CIVIL SUIT NUMBER 7#2.:0-53... OF 2007 MUATHA KINYUNZU (A minor suing through his Mother and next friend ROSEPHINE LENAH MWATHA) PLAINTIFF -VERSUS- BERNARD MWENDWA MUNYASYA. DEFENDANT AFFIDAVIT TO VERIFY FACTS IN THE PLAINT 1 ROSEPHINE LENAH MWATHA of care of P.O. ENDAU in the Republic of Kenya do hereby swear this affidavit and state as follows: 1. THAT am the mother and next friend to the plaintifY herein, fully conversant with the issues touching on this matter and therefore competent to swear this affidavit. THAT the facts contained in this Plaint are true to the best of my knowledge and belief ; THAT there is no other suit pending and there have been no previous proceedings in any other court between myself and the Defendant over the subject matter herein. 4, THAT the facts deponed to hereinabove are true and to the best of my knowledge, information and belief. SWORN at KITUL This... }2t.s..day of... (AT]........2007 By the said ROSEPHINE LENAH MWATHA. BEFOFE ME: ) ha FP Ni N DEPONENT i COMMISSIONE \ OATHS DRAWN & FILED BY: MULU_& COMPANY ADVOOATES, MULVHOUSE, P.O BOX 568-9020 JKITUL :CONSENT OF NEXT FRIEND ROSEPHINE LENAH MWATHA , OF P.O. ENDAU hereby do consent to act as next friend to MWATHA KINYUNZU (MINOR) in the suit that he shall file for compensation in respect of the injuries that he sustained as a result of the accident that occurred on 28/6/2007 along KITUI — "ZOMBE ROAD. ATEN 2t MITLT thic day of Late ROSEPHINE LENAH MWATHAKshs. 20 REPUBLICOF KENYA MINISTRY OF HEALTH KITUI DISTRICT HOSPITAL General Out-Patient Card hom Ria Gata inchs se cleot =THE KENYA POLICE MEDICAL EXAMINATION REPORT) we Part (To be completed by Police Officer requesting exceninat & | SN aS a7 JOP From_Aifa!_ Pekuee Bex, 139. Kida re ee IOS TO I have to request the favour of your examination of — rene Mentve Hisrun ou ave fa Note yorss, (at, SH, Le. Ege soiree seuritapial alee /72/doa /, Pant II—Meptcat Detas—(To be completed by Medical Officer or Practitioner carrying out examination) 2 / (Please type four copies from the original manuscript) Section “A”, Section Must Bz COMPLETED JN ALL EXAMINATIONS Medical Officer’s Ref. To wre jaqst |S : 1. State of clothing including presence of tears, stains (Wet or dry) BlOOd, 0, 2 General medical history (including details relevant to, » Allaseo Te _Prdolind—ra 10 Ou O86 oy Boa Neri (oo) Te