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Joginder Auto Service Limited v. Mohammed Shaffique & Mohammed Parvez Saroya

(2008) JELR 100961 (CA)

Court of Appeal  •  Civil Appeal 210 of 2000  •  11 Jul 2008  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT

The appellant, JOGINDER AUTO SERVICE LTD is aggrieved by the judgment and decree of the superior court (Ole Keiwua, J – as he then was) by which the superior court found the appellant liable and entered judgment for the respondents in the sum of Shs.3,110,000/- with costs and interest.

The dispute between the parties can be traced to a plaint filed in the superior court on 11th April, 1995. The relevant paragraphs of the plaint were as follows:-

“3. On or about the 12th day of July 1993 the Plaintiff through his duly appointed agent Mr. Parvez Saroya delivered to the defendant at the defendant’s garage/workshop on Butere Road, Industrial Area, Nairobi the said motor-vehicle for service and repairs by the defendant.

4. It was an express or implied term of the said agreement:-

(a) that the defendant would keep the said motor vehicle in a safe and secure place while the same was in its custody, control and possession for the purposes aforesaid

(b) that the plaintiff will …

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