ISAAC KINYANJUI NJOROGE V. NATIONAL INDUSTRIAL CREDIT BANK LIMITED

JUDGMENT OF THE COURT

1. This is an appeal from a ruling of the High Court (E. K. O. Ogola, J) delivered on 16^th May 2014 dismissing the appellant's application for review.

Background

2. Under a Hire Purchase Agreement dated 3^rd June 1994, the respondent, a bank, let to the appellant motor vehicle registration number KAD 402S, Isuzu Lorry, (the vehicle) on the terms and conditions set out in that agreement. The amount payable to the respondent by the appellant under that agreement was Kshs. 6,864,000.00 (made up of balance of the cash price of the vehicle of Kshs. 4,400,000.00 and hire purchase charges of Kshs. 2,464,000.00). That amount was payable to the respondent by 29 monthly rentals.

3. According to the respondent, the appellant defaulted in paying the monthly rentals and its attempts to exercise its right to repossess the vehicle were initially frustrated by the appellant. In a bid to recover the outstanding amount, the respondent filed suit, being High Court Civil Case Number 1673…