Civil Procedure 1 Question Paper

Civil Procedure 1

Course:Bachelor Of Laws

Institution: Kenyatta University question papers

Exam Year:2010

CIVIL PROCEDURE 1

CAT 2

On the morning of 8th November 2010, Jarisa Mtoma's mother storms into your newly established offices, Haraka & Co. Advocates situated at Jasho Plaza, Westies Road in Kisumu without waiting to be ushered in by the secretary.

'What is it Anna?', you enquire.

'It is my daughter Jarisa'

She then continues to narrate how her daughter had been knocked down by a matatu that had been speeding as she was about to cross the Kondele/Kisumu Road in Kisumu. The matatu was owned by Mwenye Haramu, a businessman based in Nairobi whose addreaa she gives as Box 333-444 Nairobi.

'The accident was on the 18th November 2007, almost three years ago but my daughter's injuries have not healed',she continues. We really have to sue Mwenye Haramu and that careless driver of his Makanga Dereva. I need to know that there will be some money due by the time my daughter turns eighteen on 19th November 2010.'

She hands you the documents she has in her possession and you notice the following:-
(i) The vehicle is registration number KBMN 001Z
(ii)The injuries sustained by Jarisa Mtoma as per the medical report are:-
a) Loss of two front teeth
b)Fracture of the left leg
c)Bruises on the head
You calculate the special damages from the reciepts on your desk and notice that the medical treatment is about Kshs. 100,000.00. From your assessment, the entire claim cannot exceed 2 million.

'I need my daughter compensated',she says, placing Kshs. 50,000.00 on your desk. 'That is your deposit for the work. Her full names are Jarisa Kazuri Mtomo. Oh, and i hear Mwenye Haramu pays. Perhaps you should give him a call.'

You of course know that Mwenye Haramu is unlikely to pay the claim without you filing suit.

Proceed to prepare the appropriate documents.

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