Supporting affidavit

REPUBLIC OF KENYA

IN THE SENIOR PRINCIPAL MAGISTRATES COURT

 (MILIMANI COMMERCIAL COURTS)

CIVIL CASE NUMBER wwwwww OF 1999

WWWWWW KENYA LIMITED..          ..          ..          ..          ..        PLAINTIFF

VERSUS

WWWWWW t/a

WWWWWW AND COMPANY ADVOCATES.. .. .. ..            DEFENDANT

 SUPPORTING AFFIDAVIT

I, WWWWWW of Post Office Box Number wwwwww,Nairobi in the Republic of Kenya do make oath and solemnly state as follows:-

1.       THAT I am an Advocate of the High Court of Kenya practicing as such as a Partner with the firm Wwwwww & Company, Advocates, Wwwwww, Arboretum Drive, P.O. BOX wwwwww Nairobi, which firm has the conduct of this matter on behalf of the Defendant.

2.        THAT on 17^th September 1999, the Plaintiff herein through M/s Kahari & Kiai, Advocates filed suit against the Defendant praying inter alia, for judgment in the sum of Kshs. 186,687.60, being the sum of money alleged to be due and owing from the Defendant to the Plaintiff on account of storage charges incurred by for Motor Vehicle Registration No. ACC No. wwwwww, the subject matter of this suit.

3.    THAT pursuant thereto, the Defendant entered appearance on 2^nd November 1999 and filed defense on 30^th November through his advocates, Wwwwww & Company, Advocates.

4.   THAT in the said Defense, the Defendant has averred that he is not liable for the claimed storage charges or any part thereof or at all.

5.    THAT in the said Defense, the Defendant has further averred that he has been wrongfully sued and should not be party to this suit

6.      THAT in the said Defence, the Defendant has averred in the further alternative and without any prejudice whatsoever to any of the foregoing matters therein,  that the Plaintiff herein has been duly paid the following amounts on account of  storage charges for the said motor vehicle, the subject matter of this suit

(i)        Kshs. 58,245.00 whose receipt was confirmed by the Plaintiff by a letter dated

            27/10/95 to the Defendant

 (ii)     Kshs.22,200.00 paid on 20/11/95

(iii)     Kshs. 6,922.50  paid on 13/12/95

(iv)       Kshs. 9,200.00 whose receipt was confirmed by the Plaintiff by a letter dated 20/1/97 to the Defendant

7.     THAT consequently, the Plaintiff has to date been paid a total sum of Kshs. 96,567.50 on account of storage charges for the said motor vehicle.

8.   THAT out of the said sum of Kshs. 96,567.50, a sum of Kshs. 74,367.50 was paid by Wwwwww & Company Advocates and the balance thereof in an amount of Kshs. 22,200 by a Mrs. Wafula for and on behalf of the Defendants in HCCC No. wwwwww of 1993.

9.      THAT in view of the foregoing, the Defendant properly claims indemnity and contribution from the proposed third party since the Defendant's firm, Wwwwww & Company continually bore the bulk of the storage charges incurred by the said motor vehicle on behalf of their client.

10.    THAT having perused the evidence available to me, I am of the opinion that Messrs C. N. Wwwwww & Company, Advocates for the Defendants in HCCC No. wwwwww of 1993 is a proper party to be joined in this suit.

11.   THAT I swear this Affidavit in support of the Application herein for leave to issue and serve a Third Party Notice upon Messrs Wwwwww & Company Advocates being the advocates for the Defendant in HCCC No. wwwwww of 1993.

12.  THAT what is deponed to hereinabove is true to the best of my knowledge and in accordance with my firm's records pertaining to this matter.

SWORN  by the said WWWWWW            )

at Nairobi this                   day of     1999                )

                                                                      

BEFORE ME                                                         )

                                                                                  )

COMMISSIONER FOR OATHS                     )                                                                                 

DRAWN AND FILED BY:-

Wwwwww and Company

Advocates

Wwwwww

Arboretum Drive

P O Box wwwwww   ()

Nairobi