TAAWAWA SUPERMARKET LIMITED V. FINA BANK LTD

JUDGMENT OF THE COURT

This is a first appeal against the decision of the superior court (Mwera, J.) made on 20^th December, 2001 in which the court dismissed the suit filed by the appellant on the basis, firstly, that the hire purchase agreement signed between the parties was unenforceable and, secondly, that the suit was not meritorious. The appellant now challenges that decision on five grounds set out in the memorandum of appeal as follows: -

“1. THAT the learned Judge erred in Law and fact in dismissing the Plaintiff (sic) suit thus totally disregarding the weight of the Plaintiff’s evidence.

2. THAT the Learned Judge erred in Law in failing to find that the HIRE PURCHASE AGREEMENT was illegal for want of registration hence unenforceable.

3. THAT the Learned Judge erred in Law and fact in making a finding that it is the Appellant (Original Plaintiff) who was relying on the HIRE PURCHASE AGREEMENT whereas it is the Respondent (Original Defendant) who had enforced it.

4. THAT the Learned …