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Peter Obara Ondari v. Kenya Revenue Authority

(2013) JELR 93929 (CA)

Court of Appeal  •  Civil Appeal 208 of 2010  •  20 Dec 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGEMENT OF THE COURT

This is a second appeal. The appellant Peter Obara Ondari was the respondent in the first appellate court – High Court of Kenya at Kisii Civil Appeal No. 193 of 2008 and was the Plaintiff in the Resident Magistrate Court at Rongo in Civil suit No. 101 of 2007. He sued the respondent Kenya Revenue Authority by a plaint dated 25th July, 2007 and filed in court the same day claiming release of a motor vehicle registration make KAG 620 Y; a permanent injunction to restrain the defendant, its employees, servants and agents from disposing of the said motor vehicle; a declaration that the seizure of the motor vehicle was “illegal, wrongful, unlawful and void ab initio,” general damages, costs of the suit and interest. The suit was heard by the learned Senior Resident Magistrate (D. KEMEI) who in a judgement delivered on 9th October, 2008 found for the plaintiff.

The defendant was dissatisfied with the magistrate's findings and filed the appeal already referred to. The ap…

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