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MACHARIA WAIGURU V. MURANGA MUNICIPAL COUNCIL & MURANGA MOTOR SPARES LIMITED

(2014) JELR 105348 (CA)

Court of Appeal  •  Civil Appeal 25 of 2013  •  5 Feb 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. According to the appellant, on 19th December, 2009, the 2nd respondent at the express authority of the 1st respondent towed way the appellant’s motor vehicle registration no. KSZ 892 Nissan Datsun for the reason that the appellant had failed to pay motor vehicle parking fee of Ksh. 30/=. On the part of the 1st respondent, it is admitted that motor vehicle KSZ 892 was towed away and the reasons for towing is that the vehicle had been abandoned at a dump site and was a nuisance within the town of Muranga. The said motor vehicle was towed away to the 1st respondent’s yard and it has been lying therein from 2009 to the date of the hearing of this appeal.

2. By an amended plaint dated 24th December 2009, the appellant filed suit against the respondents seeking the following reliefs:

(a) General damages for loss of use of the motor vehicle.

(b) Costs of the suit plus interest.

(c) Such further orders or relief this Honourable Court deems fit and just to compensate the …

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