Jack & Jill Plaint

7/29/2019 Jack & Jill Plaint

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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 inthe Republic of Kenya and whose address for service for purposes ofthis suit only shall be care of WANDABWA ADVOCATES ACKGARDEN HOUSE, 1ST NGONG AVENUE, GROUND FLOOR, WINGC, P.O.BOX 12202-00100, NAIROBI.

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

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 tothe Commissioner General, Kenya Revenue Authority.


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5. In the said letter the Defendant, wrote and published or caused to bepublished 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

Ngunjiriof 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 iseasily 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 poweredinvestigation 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 sourceofincome, 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.


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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 MainaNgunjiri 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 wereunderstood to mean;

a) The Plaintiff engages in illegal, unlawful and criminal activitiesand 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, theDefendant has refused to write an apology and to retract the saiddefamatory words.

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


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REASONS WHEREFORE the Plaintiff prays for judgment against thedefendant 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 fitand just to grant.

DATED at NAIROBI this day of 2013

______________________________WANDABWA ADVOCATES

FOR THE PLAINTIFF

Drawn & Filed By:

Wandabwa AdvocatesACK Garden House, Ground FloorWing C, 1st Ngong AvenueP.O. Box 12201-00100NAIROBI (Ref: WA/AW/2030)

To be served upon:

Mwangi Kigotho & Co.Advocates5th Avenue Office Suites, 4th Floor,P. O. Box 46530-00100,NAIROBI.


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Jack & Jill Plaint