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Ramadhan Salim v. Evans M. Maabi T/A Murhy Auctioneers & Winfred Wanjiku Gaitho

(2016) JELR 94917 (CA)

Court of Appeal  •  Civil Appeal 69 of 2015  •  26 Feb 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



This is one of those unfortunate cases where a litigant may feel hopeless and discouraged in the pursuit of justice by being tossed from one court to another on account of alleged want of jurisdiction. Ramadhan Salim “the appellant” was the owner of motor vehicle Reg. No. KAX 301S, a mini bus commonly known and or referred to as “matatu”. On 24th June 2014, he obtained from Mombasa Principal Magistrate’s Court an order restraining the respondents “either by themselves, their agents, principals or servants from transferring, selling, disposing of, offering for sale by public auction or private treaty or alienating in any manner whatsoever” (sic) the matatu pending the hearing and determination of a motion on notice he had taken out. That motion was expressed to be brought pursuant to Section 3A of the Civil Procedure Act, Order 40 of the Civil Procedure Rules and all other enabling provisions of the law.

According to an Affidavit of Service sworn on 30th June 2014, …

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