REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT

AT MOMBASA
CIVIL SUIT NO 1940 OF 2016-‘’FAST-TRACK’’

WAHEEDA ABDULSAMAD ..............…........…….................…………................................PLAINTIFF

=VERSUS=
LUCAS OGUNDA MOGAKA ....………………..……………......................................... DEFENDANT

SUPPORTING AFFIDAVIT

I, WAHEEDA ABDULSAMAD a female adult of sound mind and disposition of Post Office Box
Number 34053-80118, a resident of Mombasa do hereby state as follows:-

1. THAT I am the Plaintiff herein and therefore competent to swear this affidavit.

2. THAT on October 19, 2016 I instituted this suit vide Plaint dated the same against the
Defendant herein as the owner of the Motor Vehicle Registration Number KBM 209Q
Nissan Matatu which had occasioned my loss as detailed in the Plaint.

3. THAT on January 11, 2017 the Defendant herein filed his Defence and supporting
documents.

4. THAT the filed Defence and supporting documents allege that at the time of the accident
Nyole Chepkemoi was the actual, insured, registered and/or beneficial owner of the Motor
Vehicle Registration Number KBM 209Q Nissan Matatu.

5. THAT I am advised by my advocate on record which advise I verily believe to be true that
Nyole Chepkemoi should be enjoined as a Defendant to this suit for a fair determination of
who was the owner of the Motor Vehicle Registration Number KBM 209Q Nissan Matatu
at the time of the accident and consequently who was liable for the accident.

6. THAT I am further advised by my advocate on record which advise I verily believe to be

true that enjoining Nyole Chepkemoi as a Defendant to this suit will not cause any
prejudice to the Defendant.

7. THAT it is in the interest of justice that the Plaintiff be granted leave to amend the Plaint to
enjoin Nyole Chepkemoi as a Defendant in this suit.

8. THAT I swear this affidavit in support of the above said facts and in support of the
Application filed herewith.
9. THAT what is deposed to herein above is true to the best of my knowledge, information and
belief and in accordance with the Oaths and Statutory Declarations Act (Cap 15 Laws of
Kenya).

SWORN at MOMBASA by the said

WAHEEDA ABDULSAMAD …………………………………...….

this …………….day of ………………..….2017 DEPONENT
BEFORE ME:

COMMISSIONER FOR OATHS

DRAWN & FILED BY:-

ISAAC ONYANGO & COMPANY

ADVOCATES

PALLI HOUSE, 4TH FLOOR IO/APA 24/15

NYERERE AVENUE info@ionyangoadv.co.ke

P.O. BOX 2534-80100

MOMBASA.

TO BE SERVED UPON:
MURAYA & WACHIRA

ADVOCATES

MOMBASA TRADE CENTRE, 2ND FLOOR MW/O68/017

P.O. BOX 87584-80100

MOMBASA.