judy.legal
Login Register

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

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 defence had been filed, the respondent applied for judgment in default of defence. On 10th November, 1993 an interlocutory judgment was entered for the respondent and formal proof hearing also ordered. Subsequent to this, the respondent applied on 1st December, 1993, for orders that pending the formal proof hearing, the appellant should deliver and transfer ownership of the veh…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login