Leave For Ammendment of Plaint
Leave For Ammendment of Plaint
Leave For Ammendment of Plaint
-V E R S U S-
ENTERPRISES LTD........….DEFENDANT/RESPONDENT
CHAMBER SUMMONS
(Under Order VIA Rule 3(1), 5, 7 and 8 of the Civil Procedure Rules, Section
3A of the Civil Procedure Act Cap. 21 of the Laws of Kenya and all other
enabling provisions of the law)
soon thereafter, for the hearing of an application by the Counsel for the
1. THAT the Plaintiff be granted leave to amend its Plaint filed herein On
Plaintiff’s Amended Plaint and that the same be deemed as having been
1
a) The Plaint dated 20th April 2001 contains a claim for cost of repairs to
b) The said claim for cost of repairs has since been settled through the
process of Arbitration between the Plaintiff and its insurers, Pan African
Plaintiff.
c) The Plaintiff does not therefore wish to pursue this limb of claim.
Defendant.
and on such other grounds and reasons as may be adduced at the hearing
hereof.
2
TO BE SERVED UPON:-
xxxxxxx
Advocates,
8th Floor, Kimathi House,
Kimathi Street,
P.O Box xxxxxx,
Nairobi.
“ If any party served does not appear at the time and place above-mentioned
such order will be made and proceedings taken as the court may think just
and expedient.”
3
REPUBLIC OF KENYA
-V E R S U S-
AFFIDAVIT
I, DDDD of Kwarara Road, Karen Nairobi and of Post Office Box Number xxxxx Nairobi
do make oath and state as follows:
2. THAT on or about 20th April 2001, the Plaintiff filed the suit herein,
seeking judgement against the defendant in the total sum of Kshs
3,874,815.65 arising from the value of goods damaged, loss of user and
the costs of repairing motor vehicle registration number XXXXX.
3. THAT the full details of the Plaintiff’s claim against the Defendant are
as more particularly set forth in the Plaint.
1
5. THAT prior to this suit, the Plaintiff had filed Arbitration proceedings
against its Insurer, Pan Africa Insurance Company Limited claiming the
sum of Kshs 2,430,525.65 being the cost of repairing motor vehicle
registration number XXXXX
7. THAT in view of the fact that the Plaintiffs claim for repairs has since been
decided and paid by its insurers, the Plaintiff does not wish to pursue this
limb of the claim in this particular suit.
8. THAT I verily believe that it is in the interest of justice that the Plaintiff
should be granted leave to amend its Plaint herein, so as to substitute the
actual amount it wishes to claim in this suit.
9. THAT I verily believe that the proposed amendments will not occasion any
prejudice to the Defendant.
10. THAT I swear this Affidavit in support of the Application for leave to
amend the Plaint herein.
2
save as to matters deponed to on belief the grounds whereupon have been given
and matters deponed to on information sources whereof have been disclosed.
TO BE SERVED UPON
xxxxxxx
Advocates,
8th Floor, Kimathi House,
Kimathi Street,
P.O Box xxxxxx,
Nairobi.
Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.
Alternative Proxies: