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Trade Agrain Ltd v. Awal Ltd

(2004) JELR 95138 (CA)

Court of Appeal  •  Civil Appeal 269 of 2002  •  23 Jul 2004  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal from two interlocutory orders given by the learned Commissioner of Assize, J. Khaminwa (as she then was) on 2nd Mary, 2002. The first order appealed from is an order of injunction restraining Awal Limited (appellant) from disposing off or selling motor vehicle registration No. KAG 838V pending the hearing and the determination of the suit.

The second order appealed from is in essence an interlocutory mandatory injunction enjoining the appellant to return and hand over the same motor vehicle registration No. KAG 838V to the respondent pending the hearing and finalization of the suit.

The respondent averred in the plaint filed on 23rd May, 2002 that it was the owner of motor vehicle registration No. KAG 838V having bought it on 14th December, 2001 from Nadfay General Traders Limited (Nadfay) for Shs.600,000/=; that the said motor vehicle was bought from the appellant by Nadfay by virtue of a sale Agreement dated 3rd July, 2001; that the appellant had…

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