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Benson Ngugi Muiruri v. Kenya National Capital Corporation Ltd

(2005) JELR 105728 (CA)

Court of Appeal  •  Civil Appeal 190 of 2001  •  7 Oct 2005  •  Kenya

Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, William Shirley Deverell



The appellant is aggrieved by the judgment of the superior court dated 10/2/1998 whereby the appellant’s suit against the respondent the Kenya National Capital Corporation Ltd was dismissed with costs and the respondent’s counter claims allowed with costs.

Sometime in 1989 the appellant and one Gitau Kimani applied for a loan from the respondent to finance the purchase of motor vehicle registration No. KAA 439D Isuzu Mini Bus operated as a matatu from Nairobi Motor Corporation (1987) Ltd. By a letter dated 7/8/1989 the respondent agreed to finance the purchase of the vehicle on the conditions contained therein.

The conditions were, inter alia, that the facility was to be in the form of lease hire; that the applicants would be required to contribute Shs 200,000 as down payment; that the vehicle would be registered in the name of the respondent but would be transferred to the applicants at a nominal fee of Shs. 20,/- after the expiry of the lease.

The offer was accepte…

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