OSUMO APIMA NYAUNDI V. CHARLES ISABOKE ONYANCHA KIBONDORI, ATTORNEY GENERAL, P. C. (DRIVER MOSES MWALIMU & NO. 33280 CPL NDUBI

JUDGMENT OF THE COURT

In May, 1989 the appellant, Mr. Osumo Apima Nyaundi, agreed to purchase a Toyota Motors vehicle registration number KUN 015 from Nakuru Yellow Motors. This vehicle is referred to as a “matatu” in the invoice issued to Mr. Nyaundi by Nakuru Yellow Motors. Mr. Nyaundi had agreed to pay the cost of the vehicle plus insurance premium (totaling Shs. 158 110/=)

Deposit: Shs. 70,000/=

Balance by 12 monthly installments of shs. 8,737/60 with effect from 30^th June, 1989.

The installments agreed to be paid included administration expenses in the sum of shs.16,740/= payable to Nakuru Yellow Motors. Mr. Nyaundi took delivery of the said vehicle on 30^th may, 1989.

It is not in dispute that at the time the vehicle was released to Mr. Nyaundi its registration book was not handed over to him. According to Mr. Nyaundi he had paid a total sum of Shs. 163,939/= by 7^th may, 1990 thus completing the payment of the new purchase price in full.

In his defence to amended plaint filed in the su…