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REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATES COURT AT NAIROBI


(MILIMANI COMMERCIAL COURTS)
CIVIL CASE NO.
[a].......PLAINTIFF
-VERSUS-
ST
[B]......1 DEFENDANT
[C]....2ND DEFENDANT
[D]...3RD DEFENDANT

FURTHER AFFIDAVIT
I, [aBC] a male adult of Post Office Box Number [ ], Nairobi in the
Republic of Kenya do make oath and state as follows:-
1. THAT I am a Director of the 2nd Defendant Company herein and I am
duly authorized to swear this Affidavit on its behalf.

2. THAT I am well conversant with the facts prompting the filing of this
Application thus competent to swear this Affidavit.

3. THAT I have read and had explained to me by the 2 nd Defendants


Advocates on record the contents of Plaintiffs Replying Affidavit filed on [
] and I would like to respond as follows;

4. THAT the Copy of Records adduced by the Plaintiff as part of his


bundle of documents shows that the 1st Defendant owned Motor
Vehicle No. [ ] (hereinafter the vehicle) as at [ ].
Further, the KRA Vehicle Report forming part of the documents filed
by the Plaintiff shows that the Logbook held by the 1 st Defendant was
issued on [ ]. Accordingly, it is clear that the 2 nd Defendant was
not the owner of the vehicle at all times material to this suit. Annexed
hereto and marked ABC-1 are copies of the said Copy of Records
and KRA Vehicle Report.

5. THAT the Plaintiff has not adduced any evidence to show that the 2 nd
Defendant was the beneficial owner of the vehicle.
6. THAT the 2nd Defendant did not at the material time or at any given
time, insure the vehicle. The Plaintiff has not produced copies of insurance
policy documents to show that the 2 nd Defendant Company had taken out an
insurance cover for the vehicle.

7. THAT the 2nd Defendant is, therefore, not a necessary party to these
proceedings and should be excused at the earliest to avoid subjecting it to
pointless litigation

8. THAT I swear this Affidavit in support of the 2 nd Defendants


Application filed herewith.

9. THAT the matters deposed herein are true to the best of my


knowledge save as to matters deponed on information the sources whereof
have been disclosed and matters deponed on belief the grounds whereof
have been given.

Sworn at NAIROBI }
By the said ABC }
}
This day of }
__________________________
}
Before me } Deponent
}
}
Commissioner for Oaths }

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