OWANO AND COMPANY ADVOCATES
COMMISSIONER OF OATHS
M. OWANO, LL.B (Hons) Moi, Dip in Law (KSL)
7th Floor, Reinsurance Plaza, Moi Avenue, P.O. Box 9043 Nairobi,
Kenya
Tel: 0701159797 Email:
Our ref: M4D/CC/002/014 Your Ref: Date: 31st
March 2014
CHIEF EXECUTIVE OFFICER
REALITY INSURANCE COMPANY LIMITED
P.O. BOX 337-00100
NAIROBI
Dear sir/madam
Re: DEMAND FOR COMPENSATION OF MRS. FURAHA MINGI
We act for the above named person [hereinafter referred to as our client]
under whose instructions we write to you and state as follows:
That on 1st April 2013 our client was travelling from Nairobi to Mombasa in
a bus owned by Daima Travellers Limited, a Private Limited company
incorporated under the companies act cap 486, laws of Kenya.
The bus registration number is KBW 443Y was driven by one Mkosa
Nidhamu; a driver of Daima Travellers Limited. The aforesaid driver
decided to overtake on a sharp bend with a sign “do not overtake” and as
a result collided with an oncoming truck registration number KBA 778C
seriously injuring our client. The aforesaid is insured by your company.
And as a result, it incurred the following:
i. Hospital Bills approximately Ksh. 1,000,000.00
ii. Medical Report Ksh. 5,000.00
iii. Expense on search of the bus Ksh. 20,000.00
iv. Police Abstract Ksh. 500.00
v. Transport Expenses Ksh. 10,000.00
vi. Further medical attention and facial therapy Ksh. 2,000,000.00
1
,vii. Loss income @20,000.00 per month for 2years Ksh. 480,000.00
Our instructions are therefore to demand from you as we hereby do
payment of the sum Ksh. 3,497,500.00 being due and owing to our client.
TAKE NOTICE that unless we receive the said sum Ksh. 3,497,500.00 in
our chambers WITHIN SEVEN (7) DAYS from the date hereof our
peremptory instructions are to take legal action against you without any
further reference to you whatsoever costs and other consequences
attendant thereto at your own peril.
Be accordingly warned!
Yours faithfully,
OWANO AND COMPANY ADVOCATE.
2
, KAULA AND COMPANY ADVOCATES
COMMISSIONER OF OATHS
T. R. MPOSI, LL.B (Hons) Moi, Dip in Law (KSL)
2ND Floor, Cannon Towers, Kenyatta Avenue, P.O. Box 70-0100
Nairobi, Kenya
Tel: 0728327384 Email:
Our ref: M5E/CC/050/014 Your Ref: M4D/CC/002/014 Date: 1ST
APRIL 2014
TO:
OWANO AND COMPANY ADVOCATES,
7TH FLOOR, REINSURANCE PLAZA,
MOI AVENUE,
P.O. BOX 9043-00100,
NAIROBI, KENYA.
Dear Sir/Madam,
RE: REPLY TO DEMAND LETTER
We act for the defendants in this matter – MKOSA NIDHAMU and DAIMA
TRAVELLERS LIMITED [hereinafter referred to as our client] under whose
instructions we write to you and state as follows:
That the accident was not caused entirely on our negligence but due to
the plaintiff’s contributory of uncontrollable behaviour of not using the
seat belt.
The truck registration number KBA 778C collided with our bus should be
sued instead of us for over speeding in that sharp bend and causing an
accident by head-on-collision with our bus and causing minor injuries on
some of our passengers.
3
, We do not carry any liability whatsoever for the plaintiff named FURAHA
MINGI and shall not therefore order any payments to be made to your firm
in the name of your client since she violated the terms of our passengers’
code of conduct and she should bear the consequences as such.
Be guided accordingly!
Yours faithfully,
KAULA AND COMPANY ADVOCATES
4
COMMISSIONER OF OATHS
M. OWANO, LL.B (Hons) Moi, Dip in Law (KSL)
7th Floor, Reinsurance Plaza, Moi Avenue, P.O. Box 9043 Nairobi,
Kenya
Tel: 0701159797 Email:
Our ref: M4D/CC/002/014 Your Ref: Date: 31st
March 2014
CHIEF EXECUTIVE OFFICER
REALITY INSURANCE COMPANY LIMITED
P.O. BOX 337-00100
NAIROBI
Dear sir/madam
Re: DEMAND FOR COMPENSATION OF MRS. FURAHA MINGI
We act for the above named person [hereinafter referred to as our client]
under whose instructions we write to you and state as follows:
That on 1st April 2013 our client was travelling from Nairobi to Mombasa in
a bus owned by Daima Travellers Limited, a Private Limited company
incorporated under the companies act cap 486, laws of Kenya.
The bus registration number is KBW 443Y was driven by one Mkosa
Nidhamu; a driver of Daima Travellers Limited. The aforesaid driver
decided to overtake on a sharp bend with a sign “do not overtake” and as
a result collided with an oncoming truck registration number KBA 778C
seriously injuring our client. The aforesaid is insured by your company.
And as a result, it incurred the following:
i. Hospital Bills approximately Ksh. 1,000,000.00
ii. Medical Report Ksh. 5,000.00
iii. Expense on search of the bus Ksh. 20,000.00
iv. Police Abstract Ksh. 500.00
v. Transport Expenses Ksh. 10,000.00
vi. Further medical attention and facial therapy Ksh. 2,000,000.00
1
,vii. Loss income @20,000.00 per month for 2years Ksh. 480,000.00
Our instructions are therefore to demand from you as we hereby do
payment of the sum Ksh. 3,497,500.00 being due and owing to our client.
TAKE NOTICE that unless we receive the said sum Ksh. 3,497,500.00 in
our chambers WITHIN SEVEN (7) DAYS from the date hereof our
peremptory instructions are to take legal action against you without any
further reference to you whatsoever costs and other consequences
attendant thereto at your own peril.
Be accordingly warned!
Yours faithfully,
OWANO AND COMPANY ADVOCATE.
2
, KAULA AND COMPANY ADVOCATES
COMMISSIONER OF OATHS
T. R. MPOSI, LL.B (Hons) Moi, Dip in Law (KSL)
2ND Floor, Cannon Towers, Kenyatta Avenue, P.O. Box 70-0100
Nairobi, Kenya
Tel: 0728327384 Email:
Our ref: M5E/CC/050/014 Your Ref: M4D/CC/002/014 Date: 1ST
APRIL 2014
TO:
OWANO AND COMPANY ADVOCATES,
7TH FLOOR, REINSURANCE PLAZA,
MOI AVENUE,
P.O. BOX 9043-00100,
NAIROBI, KENYA.
Dear Sir/Madam,
RE: REPLY TO DEMAND LETTER
We act for the defendants in this matter – MKOSA NIDHAMU and DAIMA
TRAVELLERS LIMITED [hereinafter referred to as our client] under whose
instructions we write to you and state as follows:
That the accident was not caused entirely on our negligence but due to
the plaintiff’s contributory of uncontrollable behaviour of not using the
seat belt.
The truck registration number KBA 778C collided with our bus should be
sued instead of us for over speeding in that sharp bend and causing an
accident by head-on-collision with our bus and causing minor injuries on
some of our passengers.
3
, We do not carry any liability whatsoever for the plaintiff named FURAHA
MINGI and shall not therefore order any payments to be made to your firm
in the name of your client since she violated the terms of our passengers’
code of conduct and she should bear the consequences as such.
Be guided accordingly!
Yours faithfully,
KAULA AND COMPANY ADVOCATES
4
