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DIAMOND TRUST BANK KENYA LIMITED (FORMERLY DIAMOND TRUST OF KENYA LIMITED) V. JASWINDER SINGH ENTERPRISES

(1999) JELR 102970 (CA)

Court of Appeal  •  civ app 285 of 98  •  2 Jul 1999  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Effie Owuor

Judgement

JUDGMENT OF OWUOR, J.A

The appellant herein, Diamond Trust Bank Kenya Ltd., formerly known as Diamond Trust Kenya Limited is dissatisfied with the ruling of the superior court (Kuloba J.) in which the learned Judge granted the respondent/plaintiff's application and thereafter ordered the release of several vehicles that had been repossessed by the appellant/defendant. The facts of the case as stated in the plaint dated and filed in court on 29th October, 1998 were not in much dispute.

The respondent who described itself in the plaint, as "a firm" engaged in the business of transportation of goods mainly in the Preferential Trade Area, entered into four hirepurchase agreements with the appellant between the 16th of June, 1997 and 25th of June, 1997. The respondent took possession of all the vehicles, thirteen volvo prime movers with eleven dolls or trailers. The amount of money financed by the appellant was agreed to be payable in thirty-six equal monthly instalments and was inclusive of…

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