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Richard Norman Mudibo v. Patrick Osoo Odhiambo

(2020) JELR 95065 (CA)

Court of Appeal  •  Civil Appeal 239 of 2018  •  7 Feb 2020  •  Kenya

Coram
William Ouko, Fatuma sichale

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

[CORAM: OUKO (P), GITHINJI and SICHALE, JJA]

Civil Appeal No. 239 Of 2018

BETWEEN

RICHARD NORMAN MUDIBO.............................................APPELLANT

AND

PATRICK OSOO ODHIAMBO............................................RESPONDENT

(Being an appeal against the judgment of the High Court of Kenya at Nairobi (Sergon, J)

dated 2nd March, 2017 IN NAIROBI HCCA NO. 335 OF 2014)

**************************

JUDGMENT OF SICHALE, JA

In an amended plaint filed on 26th September, 2007, Richard Norman Mudibo, (the then plaintiff and the appellant herein) filed suit against Stephen K. Macharia (the then 1st defendant) and Patrick Osoo Odhiambo (the then 2nd defendant and the respondent herein). At paragraph 3 of the amended plaint, the appellant averred that:

“At all material times to this suit, the plaintiff was the registered owner of motor vehicle registration number KAS 815 H and the 1st defendant was the registered owner of motor vehicle registration number, KAJ 389 B…

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