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Global Vehicles Kenya Limited v. Lenana Road Motors

(2015) JELR 105470 (CA)

Court of Appeal  •  Civil Appeal 7 of 2015  •  31 Jul 2015  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The appellant, Global Vehicles Kenya Ltd is aggrieved by the judgment of the High Court at Mombasa (Kasango, J.) dated 17th December 2014, by which the learned judge dismissed with costs, its claim against the respondent, Lenana Road Motors, for return of 17 motor vehicles sold and delivered to the respondent, but not paid for, or payment of Kshs 20,615,000.00, being the agreed purchase price. The learned judge held that the appellant had failed to prove its ownership of the said motor vehicles and was therefore not entitled to their return or payment of their value.

The background to the dispute is not complicated. The appellant, a limited liability company based in Mombasa, describes itself as an automobile importer and seller in Kenya. The respondent, also a limited liability company, sells new and second hand motor vehicles on a site along Lenana Road in Nairobi. By some 17 separate agreements in writing entered into on divers dates between 8th March 2011 and 2…

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