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Mburu Gathee t/a Gathee Enterprises v. National Industrial Credit Bank Ltd

(2015) JELR 99170 (CA)

Court of Appeal  •  Civil Appeal 37 of 2006  •  20 Mar 2015  •  Kenya

Coram
William Ouko, Philomena Mbete Mwilu, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (Mary

Kasango, J) delivered on 3rd October 2005, dismissing the appellant’s claims for Kshs. 16,870,000.00 made up of loss of income, value of motor vehicle, loss of insurance premiums, accident repair charges, assessor’s fees, legal fees, travelling and accommodation expenses; damages for wrongful detention or repossession of vehicle; an order for taking accounts and damages for breach of contract; and punitive/exemplary damages for wilful breach and contempt of court order.

Those claims were based on the grounds that the respondent breached the terms of a Hire Purchase Agreement entered into between the parties on 29th February 1996. The learned trial judge also dismissed the respondent’s counterclaim for Kshs. 2,696,892.25 and interest at the rate of 39.25%, which according to the respondent remained outstanding and due from the appellant upon termination of the Hire Purchase Agreement and subsequent sale of t…

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