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Kenya Commercial Bank Limited v. Sheikh Osman Mohammed

(2013) JELR 100079 (CA)

Court of Appeal  •  Civil Appeal 179 of 2010  •  20 Dec 2013  •  Kenya

Coram
John Wycliffe Mwera, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal arises from the Judgment of the High Court (Khamniwa J) given on 4th May 2009 by which the respondent was granted the following reliefs:

An order directing the appellant to release to the respondent’s title documents relating to LR No. 418/B/J/1 and LR 1319/312 and log book to motor vehicle registration number KAA 426L.

Judgment for Kshs. 220,908.21

General damages and mesne profits for loss of use of vehicle in the sum of Kshs.4, 500,000.00.

Interest on the monetary awards at court rates from the date of filing suit.

Although the appellant filed a notice of appeal intimating that it was dissatisfied with the whole judgment, the grounds of appeal were confined to the complaints that the learned trial judge erred in:

Awarding the respondent Kshs. 4, 500,000.00 for loss of user and mesne profits when the evidence of the respondent was that that figure was the value of the vehicle and not the loss of income.

Awarding damages for loss of user when the same, being…

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