REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATES COURT AT KIAMBU

CIVIL SUIT NO. 125 OF 2008
GITAU NJOROGEPLAINTIFF
-

VERSUS

BERNARD THIONGO GITANGA...DEFENDANT

REPLY TO THE DEFENDANTS FURTHER AMENDED DEFENCE AND

COUNTER CLAIM.
1. the plaintiff denies every allegation raised in the defendants further amended
defense and counterclaim and reiterates the contents of the plaint and further
addresses each and every aspect of the defense and counterclaim as follows.
2. The plaintiff is the sole registered proprietor over Land Title number
Kiambaa/Muchatha/T. 182 the suit property herein.
3. Paragraph three of the further amended Defense is denied especially the fact that
the defendant has incurred costs unnecessarily and the defendant is put to strict
proof.
4. The plaintiff denies the contents of paragraph 4 of the further amended defense
and more particularly to that he caused any vandalism or hooliganism and puts
the defendant to strict proof.
5. In response to paragraph 7A and 8 the plaintiff states that he is the registered
proprietor over the suit property herein and therefore cannot be illegally in
occupation of the suit premises.
6. In reply to paragraph 9 the plaintiff states that at no time did he cause the caution
over the suit property to be removed and that the same was removed at the
instance of the Registrar due to expiry of time.
7. The Plaintiff avers that he has been and still is the registered owner of the said
property and further that he has no intention of disposing or alienating the suit
property.
8. That an order of inhibition prayed for is unnecessary and unfounded.
9. The plaintiff further admits the Jurisdiction of this Honourable court.

Reasons wherefore the plaintiff prays that the defendants further amended Defence
and Counterclaim be struck out and the Defendants defence and Counterclaim be
dismissed with costs to the Plaintiff.
WANDUGI & CO ADVOCATES
ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY; WANDUGI & CO. ADVOCATES
WATERSYS PLAZA, 3RD FLOOR,
BIASHARA STREET,
P.O BOX 11639 00400
NAIROBI.
TO BE SERVED UPON; MAINA MAKOME & CO ADVOCATES
AGIP HOUSE, 2ND FLOOR, ENT B
P.O BOX 22564 - 00400,
NAIROBI.