Statement of claim for compensation of material damage
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To the Zhitikarinsky district Court of Kostanay region
The plaintiff: KAB IIN............. place of residence: Zhitikarinsky district, Tchaikovsky village, 56 .......
Proxy representative: Sabit Davletovich Nigmetov and IIN....,
place of residence: ....., 4-21-24, tel. 87752667988
Defendant: K.S.H. place of residence: .... district, S. . . ., N.... str., 65
The price of the claim: 150,000 (one hundred and fifty thousand tenge)
Statement of claim for compensation of material damage
On April 20, 2018, during a meeting with the local community of the village of Tchaikovsky, chaired by the akim of the village of Tchaikovsky, the defendant was chosen by a common decision of the villagers to be a shepherd for grazing cows in the private sector. Since 04/21/2018, the defendant began grazing cattle, by oral agreement, the fee for grazing cattle was set at 1400 tenge per head. I paid the money for grazing cows personally to my wife K.S.H. On May 24, 2018, at about 06:30, I drove my cattle to graze with the defendant. On the evening of the specified day, at 20:30, I met my cattle from grazing and discovered that my bull, aged 1 year and 2 months, of a black and mottled color, had not returned from grazing. When I asked where the bull was, the defendant said that the bull was left in the bushes in the steppe and he would bring it back tomorrow. In the following days, the defendant did not bring the bull from the pasture, to my inquiries about the whereabouts of the bull, he replied that he was in the steppe and he would bring him home to the village anyway. This continued until June 6, 2018, and I lost hope of getting the bull home, so I contacted the Department of Internal Affairs. Gitikar and the district for taking measures against the defendant. The police took away my explanation and recommended that I go to court in a civil case. I appealed to the defendant to compensate for the damage by monetary means or execution in kind, however, the defendant ignored all my attempts to negotiate amicably, and therefore I was forced to go to court to protect my rights. As a result of improper performance of my cattle grazing duties, the defendant caused me material damage, according to the price information certificate of the Chamber of Commerce and Industry of Kostanay region No. 0122 dated June 15, 2018, according to which the cost of a bull aged 1-2 years is 150,000 tenge. According to Part 1 of Article 917 of the CPC RK, damage (property and (or) non-property) caused by unlawful actions (inaction) to property or non-property benefits and rights of citizens and legal entities is subject to compensation by the person who caused the damage in full.
Statement of claim for compensation of material damage
The above circumstances are confirmed by a copy of the minutes of the meeting with the local community No. 4 dated 04/20/2018, according to which the defendant K.S.Kh. was chosen as a shepherd to graze cows in the private sector; veterinary passport No. KZ...., according to which K.N. had a black-and-white bull, born in 2017; information certificate on migration animal, according to which I purchased a bull from Kinzhetaev N.B. with identification number no.KZP158056871; notification of the Department of Internal Affairs of the city of Zhitikar and the district, an application addressed to the head of the Department of Internal Affairs of the city of Zhitikar and the district, a report from the Department of Internal Affairs of the Ministry of Internal Affairs of the city of Zhitikara and the district of K.S.B., by my explanation and the defendant's explanation addressed to the head of the Department of Internal Affairs of the city of Zhitikary and the district. Based on the above and guided by Articles 148-149 of the Civil Procedure Code of the Republic of Kazakhstan, I ask the court: to recover from the defendant K.S.H. in my favor the amount of material damage in the amount of 150,000 tenge; to recover from the defendant K.S.H. in my favor the court costs for paying the state fee in the amount of 1,500 tenge, the costs of a representative in the amount of 15,000 tenge, notary services in the amount of 2646 tenge, travel to Kostanay and back for a price information certificate in the amount of 3,000 tenge, for the payment of a price information certificate in the amount of 5,000 tenge – for a total of 27,146 tenge.
Appendix: copies of the statement of claim, state duty payment receipt, plaintiff's identity card, address certificate, veterinary passport, information on animal migration, minutes of the meeting with the local community, notification coupon and notification, application to the Department of Internal Affairs. Gitikary and the district, explanations by K.A.B., K.S.H., report of the IPU of the Ministry of Agriculture of the K.S.B., price information certificate No. 0122 of the Chamber of Commerce and Industry, act of completed works, cash receipts of the Chamber of Commerce and Industry and notary Gurina N.V., 2 boarding tickets for the bus, a contract for the provision of legal assistance, receipt for legal aid payment, power of attorney for Nigmetov
S.D. 26.06.2018 K.A.B. Representative by proxy Nigmetov S.D.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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