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Ruth Wanjiku Njoroge v. Henry Katume Mutugwa

(1995) JELR 94524 (CA)

Court of Appeal  •  Civil Appeal 100 of 1994  •  7 Jun 1995  •  Kenya

Coram
Johnson Evan Gicheru, Akilano Molade Akiwumi, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Gachuhi, Gicheru and Akiwumi JJ A )

CIVIL APPEAL NO 100 OF 1994

BETWEEN

RUTH WANJIKU NJOROGE ...........................APPELLANT

AND

HENRY KATUME MUTUGWA ........................RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Nairobi (Justice Ole Keiwua) dated 20th May, 1994

in

HCCC No 4424 of 1993)

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

JUDGMENT

On 9th September, 1993, the respondent filed a suit against the appellant in the superior court wherein he sought from the respondent the return to him of a motor vehicle and its log book and damages for the loss of use of the vehicle. His main ground for this was that instead of paying himself, directly the installments of the purchase price of the vehicle, he had paid them into the Barclays Bank account of the appellant in whose name the vehicle became registered, and who in turn, paid the vendor. A memorandum of appearance was filed on behalf of the appellant on time. On 25th September, 1993, when no …

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