Description

Civil Litigation

You have recently been retained as a pupil at the law firm of Xavier and Co. Advocates, Y Plaza, P.O. Box 24 Ubungo and in your daily tasks in the firm, you take down the following notes:

Dan wants a case lodged in court. He was involved in an accident where he broke his left leg. He complains that he suffered loss as a result of the accident. The driver, Derrick was blamed for the accident of motor vehicle Registration Number KBS 149A, a bus in which Dan was a fare paying passenger. The driver was blamed for driving the motor vehicle dangerously, reckless and/or negligently. The motor vehicle was also found to be in an unroadworthy condition.

The accident occurred on 20^th November 2004 in Vimax District in the Republic of Kez. The vehicle belonged to Mary who resides within Vimax District. Derrick is still working for Mary. Her office is located at Pom Plaza. The address is P.O. Box 124 Ubungo.

There are several documents in the file related to the case. A discharge summary sheet from the hospital showing nature of treatment, medical receipts amounting to Kshs.70,000/-, transport receipts for the cab company totaling Kshs.30,000/-. There are also receipts amounting to Kshs.20,000 as evidence of money paid to a house help who assisted Dan during the time of recovery, Dan has already been referred to a medical expert who charged Kshs.5,000/- for a medical opinion. The receipt is available in the file for that. The medical report is also ready. Jayden who was a passenger in the bus is ready to testify in support of Dan’s case. All witness statements for Dan, Jayden and the Doctor are ready. A demand letter is also in place but there has been no response thereto.

Draft the appropriate pleadings seeking the necessary remedies in court and state documents, if any, that should be filed together with the pleadings. (20 marks)