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Kenya Breweries Limited & Tembo Co-Operative Savings & Credit Society Limited v. Washington O. Okeyo

(2002) JELR 100124 (CA)

Court of Appeal  •  Civil Appeal 332 of 2000  •  31 May 2002  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This is an appeal by the two defendants, now the appellants, from the decision of the superior court (Mbaluto, J.) given on 21 November 2000 whereby the learned judge issued a mandatory injunction compelling the second appellant to release motor vehicle registration No. KAE 284J (the vehicle) to the respondent, the plaintiff in the suit, and an interlocutory injunction restraining the appellants from selling or in any way interfering with the same.

The facts of this litigation are not much in dispute. In 1990, the respondent purchased the vehicle with a loan facility made available to him by the Standard Chartered Bank. It was guaranteed by the first appellant pursuant to its executive car loan scheme set out for its employees. The first appellant claims that when he left the employment in 1998, the balance outstanding on the facility was K.Shs.457,314.95. That sum was repaid by the first appellant who was the guarantor of the loan whereupon it requested the respon…

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