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List of Documents.e3978.2022.1

This document contains court filings related to a civil case in the Small Claims Court of Nairobi, Kenya. George Evans Osero is the claimant, suing Boniface Muhadi, James Maina Gicheru, and Huduma Credit Limited over a motor vehicle accident. Boniface Muhadi and James Maina Gicheru have submitted their list of witnesses and documents which includes Boniface Munandi Muia as their key witness. Boniface Munandi Muia's witness statement describes how the accident occurred, with the motorcycle emerging from a side road at high speed and causing the collision, and that police reports found the motorcycle at fault.

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Moses King'ori
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84 views

List of Documents.e3978.2022.1

This document contains court filings related to a civil case in the Small Claims Court of Nairobi, Kenya. George Evans Osero is the claimant, suing Boniface Muhadi, James Maina Gicheru, and Huduma Credit Limited over a motor vehicle accident. Boniface Muhadi and James Maina Gicheru have submitted their list of witnesses and documents which includes Boniface Munandi Muia as their key witness. Boniface Munandi Muia's witness statement describes how the accident occurred, with the motorcycle emerging from a side road at high speed and causing the collision, and that police reports found the motorcycle at fault.

Uploaded by

Moses King'ori
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF KENYA

IN THE SMALL CLAIMS COURT AT NAIROBI


CLAIM NO. E3978 OF 2022

GEORGE EVANS OSERO........................................................................................CLAIMANT


-VERSUS-
BONIFACE MUHADI....................................................................................1ST RESPONDENT
JAMES MAINA GICHERU..........................................................................2ND RESPONDENT
HUDUMA CREDIT LIMITED....................................................................3RD RESPONDENT

-AND-
OCHENGO MASESE RICHARD.......................................................................THIRD PARTY

1ST AND 2ND RESPONDENT’S LIST OF WITNESSES


1. BONIFACE MUNANDI MUIA
2. Any other witness to be called at the hearing with leave of the Court.

DATED at NAIROBI this ………2nd ….….. day of ……February……..….2023

MUGWE & CO.


ADVOCATES FOR THE 1ST AND 2ND RESPONDENT
DRAWN & FILED BY:
Mugwe & Co.
Advocates,
Westlands Commercial Centre, Block B
1st Floor, Suite 7, Ring Road, Westlands,
P. O. Box 104166-00101,
NAIROBI.
Email: [email protected]
Tel: 0721973102
TO BE SERVED UPON:
Kiamah Kibathi & Co. Advocates LLP,
Town House, 5th Floor, Kaunda Street,
P.O BOX 68170-00200
NAIROBI
Mutea Mwange & Co. Advocates,
Chania Court, 4th Floor, Opp. Burhani Eng. Ltd,
Chania Avenue, Kilimani
P.O BOX 2137-00100
NAIROBI.
REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT NAIROBI
CLAIM NO. E3978 OF 2022

GEORGE EVANS OSERO........................................................................................CLAIMANT


-VERSUS-
BONIFACE MUHADI....................................................................................1ST RESPONDENT
JAMES MAINA GICHERU..........................................................................2ND RESPONDENT
HUDUMA CREDIT LIMITED....................................................................3RD RESPONDENT

-AND-
OCHENGO MASESE RICHARD.......................................................................THIRD PARTY

1ST AND 2ND RESPONDENT’S WITNESS STATEMENT


I, BONIFACE MUNANDI MUIA a resident of Nairobi and of P.O Box 9-20305, Nairobi
do hereby state as follows:

1. I am the 1st Respondent herein and hence well conversant with all the facts relating
to this matter.
2. On 11/10/2020, I was driving motor vehicle registration number KBY 525K along
Kangundo Road headed to Nairobi CBD with passengers onboard. I was driving
on my rightful left lane.

3. On reaching the Mama Lucy Hospital junction, I saw motor cycle registration
number KMDL 763N which had a pillion passenger onboard emerging from the
Mama Lucy direction at very high speed.

4. I swerved to the right lane to avoid a collision but due to the short distance, the
motor cycle rammed into my vehicle on the front left-hand side.

5. I immediately stopped the vehicle and stepped out to assist the motor cycle rider
and the pillion passenger who fell on the road. Good Samaritans rushed the rider
and the pillion passenger to Mama Lucy hospital for treatment.

6. Police officers from Kayole Police Station who were nearby came to the scene, took
details and particulars of the accident then towed the motor cycle to the police
station.

7. I was directed to drive my vehicle to Kayole Police Station for inspection. At the
police station, I also recorded my statement. I left the motor vehicle and it was
released to me the next day after inspection.
8. I was also issued with a police abstract dated 16/12/2022 which blames Motor
Cycle Registration Number KMDL 763N for causing the accident. I was not
blamed or charged with any offense related to the accident.

9. I blame the rider of Motor Cycle Registration Number KMDL 763N for joining the
road from a feeder road at a high speed and with no regard or attention for his
own safety or that of his pillion passenger and other road users.
That is all I wish to state.

DATED at NAIROBI this ………2nd ….….. day of ……February……..….2023

NAME: BONIFACE MUNANDI MUIA

Signature:

DRAWN & FILED BY:


Mugwe & Co.
Advocates,
Westlands Commercial Centre, Block B
1st Floor, Suite 7, Ring Road, Westlands,
P. O. Box 104166-00101,
NAIROBI.
Email: [email protected]
Tel: 0721973102

TO BE SERVED UPON:
Kiamah Kibathi & Co.
Advocates LLP,
Town House, 5th Floor, Kaunda Street,
P.O BOX 68170-00200
NAIROBI.

Mutea Mwange & Co.


Advocates,
Chania Court, 4th Floor, Opp. Burhani Eng. Ltd,
Chania Avenue, Kilimani
P.O BOX 2137-00100
NAIROBI.
REPUBLIC OF KENYA
IN THE SMALL CLAIMS COURT AT NAIROBI
CLAIM NO. E3978 OF 2022

GEORGE EVANS OSERO........................................................................................CLAIMANT


-VERSUS-
BONIFACE MUHADI....................................................................................1ST RESPONDENT
JAMES MAINA GICHERU..........................................................................2ND RESPONDENT
HUDUMA CREDIT LIMITED....................................................................3RD RESPONDENT

-AND-
OCHENGO MASESE RICHARD.......................................................................THIRD PARTY

1ST AND 2ND RESPONDENT’S LIST OF DOCUMENTS


1. Copy of the Drivers ID card.
2. Copy of the Drivers Driving License.
3. Copy of Police Abstract from Kayole Police station dated 16/12/2022.
4. Copy of Records from NTSA.
5. Copy of Receipt from NTSA.

DATED at NAIROBI this ………2nd ….….. day of ……February……..….2023

MUGWE & CO.


ADVOCATES FOR THE 1ST AND 2ND RESPONDENT

DRAWN & FILED BY:


Mugwe & Co.
Advocates,
Westlands Commercial Centre, Block B,
1st Floor, Suite 7, Ring Road, Westlands,
P. O. Box 104166-00101,
NAIROBI.
Email: [email protected]
Tel: 0721973102

TO BE SERVED UPON:
Kiamah Kibathi & Co. Advocates LLP,
Town House, 5th Floor, Kaunda Street,
P.O BOX 68170-00200
NAIROBI.
Mutea Mwange & Co.
Advocates,
Chania Court, 4th Floor, Opp. Burhani Eng. Ltd,
Chania Avenue, Kilimani,
P.O BOX 2137-00100
NAIROBI.

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