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REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (CENTRAL REGISTRY) CIVIL CASE NO.

OF 2013

VIKTAR MAINA NGUNJIRI...PLAINTIFF VERSUS JACK & JILL SUPERMARKET. ..DEFFENDANT

PLAINT 1. The Plaintiff is an adult male of sound mind, residing in Thika Town in the Republic of Kenya and whose address for service for purposes of this suit only shall be care of WANDABWA ADVOCATES ACK GARDEN HOUSE, 1ST NGONG AVENUE, GROUND FLOOR, WING C, P.O.BOX 12202-00100, NAIROBI.

2. The Defendant is a Limited Liability Company duly incorporated under the provisions of the Companies Act, Cap 486 of the Laws of Kenya, and having its registered offices in Nairobi within the Republic of Kenya whose address is P. O. Box 47107-00100, Nairobi. Service of summons upon him to be effected through the Plaintiffs Advocates office.

3. The plaintiff is the owner and Landlord of the premises comprised in L. R. No. 209/869 Race Course/Temple Roads-Nairobi.

4. On or about the 18th of June 2013, you wrote a defamatory letter to the Commissioner General, Kenya Revenue Authority.

5. In the said letter the Defendant, wrote and published or caused to be published the following words;
It is with regret to announce the demise of one of the pioneer and the oldest supermarket in Kenya Jack& Jill Supermarket Limited. The man who brought the death of this supermarket is called Viktar Maina Ngunjiri of Maathai supermarkets. On 23rd May, 2013, he brought about 200 mungikis which we understand he is also a leader of the same gang, and unlawfully demolished our supermarket using a bulldozer while it was in full operation with the staff and customers inside. The criminal gang started looting the shop and stealing from customers. This was too dangerous for everybody if God forbid the roof of the supermarket had collapsed there could be so many casualties or even deaths. This man is not only a criminal but also a murderer. This was captured in the media and was broadcasted live in the news in all the channels and is easily available if you go to internet i.e you tube or just tweet jack n Jill supermarket and you will see it all. He funded a mungiki type gang, is it allowed in KRA Act? It is like money laundering. This man we had earlier complained to you that he is a drug Baron but you have not taken any action. He has got a history of destroying peoples property, he is very disobedient to the law, he does not follow the law at all and he still walks free. He was one time a hawker and has so many properties and he is also evading paying taxes to KRA. You should send your high powered investigation team to investigate how he acquired all this wealth in a short span. One thing we should tell you in advance is he has a habit of bribing people, he is been bribing city council employees and Magistrates. He had no court order to evict or demolish the said premises. On the contrary we had all the orders restraining him from interfering with our smooth running of business (enclosed are all the relevant orders of the court) Due to this illegality he has made our one hundred and twenty (120) staff with their families redundant. We are worried what will happen to our employees and their families as we have no source ofincome, We kindly beg your office to intervene and help us out in this situation. He has also destroyed all our valuable past records of over 25 years. We were paying regular taxes and he has denied you that, but because of his interference and his illegal action we regret that we will never ever be able to pay the taxes. He should be punished for the economic crime he has committed.

I want to give a brief statement that I received threatening messages from his agents and now my life and that of my family are in danger. Should anything happen to me and my family Viktar Maina Ngunjiri will be responsible. We now want your office to thoroughly investigate Viktar Maina Ngunjiri of his illegal activities, should you want any vital information please do not hesitate to contact me personally on my cell numbers 0722524788 and 0735500000

6. The said words in their ordinary and natural meaning meant or were understood to mean;

a) The Plaintiff engages in illegal, unlawful and criminal activities and business malpractices b) The Plaintiff is immoral and dishonest c) The Plaintiff is corrupt d) The Plaintiff is guilty of contempt of court e) The Plaintiff is a murderer f) The Plaintiff has no regard for the law

7. The said words were calculated and designed to injure the character, reputation and name of the Plaintiff.

8. Despite demand and intention to sue having been given, the Defendant has refused to write an apology and to retract the said defamatory words.

9. The Plaintiff suffered damage to his reputation, standing and his esteem was lowered in the minds of right thinking members of the society.

REASONS WHEREFORE the Plaintiff prays for judgment against the defendant for: a) General damages for libel and defamation. b) Aggravated damages. c) Costs of the suit. d) Any other or further relief that this Honourable Court may deem fit and just to grant.

DATED at NAIROBI this

day of

2013

______________________________ WANDABWA ADVOCATES FOR THE PLAINTIFF

Drawn & Filed By: Wandabwa Advocates ACK Garden House, Ground Floor Wing C, 1st Ngong Avenue P.O. Box 12201-00100 NAIROBI

(Ref: WA/AW/2030)

To be served upon: Mwangi Kigotho & Co. Advocates 5th Avenue Office Suites, 4th Floor, P. O. Box 46530-00100, NAIROBI.