MOHERAI IRESA MWITA V. WOODVENTURE (K) LIMITED & ANOR

JUDGMENT

JUDGMENT OF MUMBI NGUGI JA

1. This appeal arises from a decision of the High Court of Kenya sitting in Migori (Mrima J) which allowed an appeal by the respondents. At the centre of the dispute was a hire purchase agreement entered into between the appellant and the 1st respondent, Woodventure (K) Limited, for the purchase of an unregistered second-hand Mitsubishi Canter Model FE53, Chassis No. FE53CEV560731, Engine No. 4D 33 H97905 at a total agreed purchase price of Kshs. 1,610,000. The appellant made an initial deposit payment of Kshs. 600,000 by way of a bankers cheque drawn in favour of the 2nd respondent, Auto Selection (K) Limited. The balance was to be liquidated by way of monthly instalment payments.

2. Pursuant to the agreement, the appellant took possession of the vehicle from the respondents’ business premises in Mombasa and took it to Isebania where he intended to carry on transport business. At the time he took possession, the respondents had not delivered the registratio…