Affidavit

REPUBLIC OF KENYA

IN THE RESIDENT MAGISTRATE’S COURT AT NAROKO

(MILIMANI COMMERCIAL COURTS)

CIVIL SUIT NO xxxx OF 1994

KUL GRAPHICS LIMITED ……….……………………..………PLAINTIFF

-VERSUS-

ROOT INDUSTRIES LIMITED………………….………DEFENDANT

AFFIDAVIT

I, CHAMKOUR SINGH ROOT, of Post Office Box Number 55567 Naroko in the Republic of Kenya do hereby make oath and state as follows: -

1.          THAT I am a director of the Defendant, I am fully conversant with all the facts relating to this matter and I am duly authorised to swear this affidavit on behalf of the Defendant.

2.          THAT on or about the 16^th day of December 1998, this honourable court entered judgement for the Plaintiff against the Defendant for K Shs // .

3.         THAT upon being so advised by its advocates on record, Culture and Company, the defendant instructed them to write to the Plaintiff’s advocates and propose to liquidate the decretal sum by way of instalments of K Shs 30,000.00, the Defendant not being in a position to settle the entire amount at once owing to the prevailing adverse economic climate which had negatively affected its business.  The said advocates duly sent the said proposal. A true copy of their letter is at page 1 of the exhibit annexed hereto and marked “CSP 1”.

4.          THAT I am informed by the said advocates that their said letter was not responded to.

5.      THAT the Defendant is still not in a position to pay the said amount due to the afore-stated reasons and it is therefore just and fair that it be allowed to pay the said amount by instalments.

6.            THAT I therefore swear this affidavit in support of the Defendant’s application for leave to pay the amounts due to the Plaintiff by instalments.

7.          THAT what is deponed to hereinabove is true to the best of my knowledge save as to matters deponed to on information sources whereof have been disclosed and matters deponed to on belief whereupon the grounds have been given.

SWORN by the said CHAMKOUR SINGH )

ROOT at Naroko on the                  day  )

of                         1998.                            )

                                                                   )

                                                                   )

BEFORE ME                                           ) 

COMMISSIONER FOR OATHS         )

DRAWN AND FILED BY:-

Culture and company

Advocates

Kutu ****

Kutuetum Drive

P o box ****

Naroko                 (Ref.: ****)

TO BE SERVED UPON:-

Gggg

Advocate

Kutu Coop ****

Kutu Avenue

Naroko