TOURING CARS LIMITED & CITY MERCHANTS (K) LIMITED V. ASHOK KUMAR MANKANJI

JUDGMENT OF THE COURT

This is an appeal against the ruling of Wambilyanga J. givenon 3rd July, 1997, whereby, he reviewed his judgment of 30th May, 1997, in High Court Civil Case No. 23 of 1997, in which, afterhearing evidence on oath, he dismissed the respondent's suit for apermanent injunction restraining the appellant from disposing of orretaining a motor car registration number KAG 270P which therespondent claimed as belonging to him.

The learned judge in this judgment had already and categorically concluded that:

"In the disclosed circumstances of the case Iam constrained to accept the defendant'sversion to the effect that the plaintiff didnot give any consideration for the suitvehicle. He only acquired possession of itunder most dubious circumstances. His cases therefore proceed (sic) on a patently falseand untenable premises. I am unable to findin his favour. I accordingly dismiss it withcosts.".

On 4th June, 1997, the respondent applied to the learned judge to review his judgment …