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Migori County Government &Minister; for Transport Migori County Government v. Josiah Onyango Okello t/a Cargo Secured Services

(2019) JELR 99080 (CA)

Court of Appeal  •  Civil Appeal 129 of 2018  •  31 Jul 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The respondent is an adult male trading as Cargo Secured Services and he is engaged in transportation business. At all material times to the dispute between the parties, the respondent co-owned with Housing Finance Company a Prime Mover Registration No. KCB 262 X together with a trailer ZE 9242 (both hereinafter referred to as the vehicles). The vehicles had been procured on a loan facility from Housing Finance Company. The respondent used the vehicles in his transportation business. In the business, the respondent would secure and enter into commercial agreements to transport goods and services for and on behalf of clients. One such client was Messrs. Star Brilliant EPZ (K) Limited with whom the respondent signed a service contract dated 1st July 2015 whereby the respondent would earn a sum of Ksh. 1,583,333/= inclusive of VAT at the rate of Ksh. 316,000/= per trip for carriage and transportation of projected five (5) containers per month.

2. On or about 7th Se…

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