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Appendix B

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. OF 2011 BETWEEN ...PLAINTIFF AND .............. DEFENDANT PRE TRIAL QUESTIONARE (Under Order 11, rule 2 of the Civil Procedure Rules 2010)

QUESTION

ANSWER (TICK ONE) 1. Identify the relevant track for the case YES NO 2. Have you or your advocate made contact with the YES NO other party of parties in these proceedings with a view to settling the case or to narrow down the issues 3. Have given full disclosure of documents to the YES other party or parties 4. If not within what period can disclosure be given? YES 5. Is there need for inspection of any documents or YES copies thereof and is so how soon can you do the inspection? 6. Is there need to serve interrogatories and if so YES have you specified the necessary interrogatories. NO

NO NO

NO

7. If defendant, have you answered the YES interrogatories by attaching the questionnaire and affidavit with the answer? 8. Have you filed statements? and exchanged all witness YES

NO

NO

9. Have you identified any issues which require a YES written report of an expert? 10. Have you agreed on a single expert to prepare joint YES report?

NO

NO

Appendix B

11. If the answer to question 10 is in the negative do YES you require directions relating to the payment of the experts fee and expenses? 12. In which disciplines do you require an expert? YES 13. Have the experts agreed on their respective YES reports? If not have they held without prejudice discussions in order to narrow down the issues with a summary of the reasons for any disagreements? 14. Have you filed and served an updated schedule of YES loss and damage including future loss and if defendant, have you filed and served a counter schedule? 15. Have you filed this questionnaire together with the YES answer including the experts joint statement of issues including witness statements? 16. Have you considered whether oral evidence of any YES witness can be dispensed with? 17. Have you so far discharged your duty of co- YES operating with the other party or parties in preparing the case expeditiously including attempting to limit the issues in dispute? 18. Are you aware that you are under an obligations to inform the court immediately if the case is settled? 19. Have you prepared a bundle documents for trial together with a case summary? YES

NO

NO NO

NO

NO

NO

NO

NO

YES

NO

20. Are you aware that you have an obligation to file YES and serve any skeleton argument to be used in the case of list 3 days before the hearing date day?

NO

DATED at Nairobi this

day of

2011