1. For determination is the application dated 30th September 2024 by the plantiff. Despite various extensions by the court, the respondents have not responded to the application despite service. The application is therefore unopposed. It seeks to have the respondents ordered to return the listed assets to the plaintiff’s headquarters and for the respondents to deposit a sum of KShs.120,817,739.68 or such security as may be sufficient to satisfy the decree herein.
2. I have considered the application alongside the evidence presented. I am satisfied that the applicants have made a case for granting the orders sought. The evidence presented shows that a hire purchase revolving facility was extended to the respondents to be used for purchase of motor vehicles. The terms of the facility are contained in the letter of offer dated 23rd February 2018. In the absence of any evidence to the contrary, I am satisfied that the loan remains in default and that as of 29th July 2024, the 1st defendant owes the Bank the amount of Kshs 120,817,739.68.
3. Accordingly, I allow the application dated 30th September 2024 as prayed in the following specific terms;
i. Pending hearing and determination of this suit, the defendant is hereby ordered to return the following leased assets to the plaintiff’s headquarters at 1 Park Avenue Nairobi, Kenya. Motor Vehicles: KBV 272D Toyota Landcruiser; LC4, KBY 007T Jaguar F-Type; KCL 949V Nissan Tiida; KCM 17213 Toyota Rav4; KCN 195V Toyota Axio; KCN 717G Nissan Xtrail; KCQ 4OOZ Toyota Landcruiser; KCQ 439V Toyota Probox; KCQ 638V Toyota Probox; KCQ 915B Toyota Fielder; KCR 975T Toyota Probox; KCS 125W Toyota Probox; KCS 194F Toyota Probox; KCS 399A Toyota Hiace; KCS 769R Toyota Probox; KCS 837P Range Rover Sport; KCT 151G Toyota Probox; KCT 338U Toyota Probox; KCT 398R Toyota Probox; KCT 399R Toyota Probox; KCT 4661 Toyota Landcruiser; KCT 501R Toyota Probox; KCT 619K Toyota Probox; KCT 955E Toyota Probox.
ii. Motorcycles: KMEU 828Q, KMEU 830C), KMEU 380T, KMEU 375T, KlVIEU 399T, KMEU 394T, KMEU 007V, KMEU 004V, KMEU 843C; KMEU 823g KMEU 358T, KMEU 852G, KMEU 341T, KMEU 991U, KMEU 964U, KMEU 010V, KMEU 891U, KMEU 967U, KMEU 965U, KMEU 998T, KMEU 381T within seven (7) days of court order.
iii. The defendants/respondents shall deposit in Court a sum of Kshs 120,817,739.68 as security to satisfy the decree that may be passed against them in this suit within 30 days from the date of this Order
iv. Costs shall be in the cause.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 5TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE
2. I have considered the application alongside the evidence presented. I am satisfied that the applicants have made a case for granting the orders sought. The evidence presented shows that a hire purchase revolving facility was extended to the respondents to be used for purchase of motor vehicles. The terms of the facility are contained in the letter of offer dated 23rd February 2018. In the absence of any evidence to the contrary, I am satisfied that the loan remains in default and that as of 29th July 2024, the 1st defendant owes the Bank the amount of Kshs 120,817,739.68.
3. Accordingly, I allow the application dated 30th September 2024 as prayed in the following specific terms;
i. Pending hearing and determination of this suit, the defendant is hereby ordered to return the following leased assets to the plaintiff’s headquarters at 1 Park Avenue Nairobi, Kenya. Motor Vehicles: KBV 272D Toyota Landcruiser; LC4, KBY 007T Jaguar F-Type; KCL 949V Nissan Tiida; KCM 17213 Toyota Rav4; KCN 195V Toyota Axio; KCN 717G Nissan Xtrail; KCQ 4OOZ Toyota Landcruiser; KCQ 439V Toyota Probox; KCQ 638V Toyota Probox; KCQ 915B Toyota Fielder; KCR 975T Toyota Probox; KCS 125W Toyota Probox; KCS 194F Toyota Probox; KCS 399A Toyota Hiace; KCS 769R Toyota Probox; KCS 837P Range Rover Sport; KCT 151G Toyota Probox; KCT 338U Toyota Probox; KCT 398R Toyota Probox; KCT 399R Toyota Probox; KCT 4661 Toyota Landcruiser; KCT 501R Toyota Probox; KCT 619K Toyota Probox; KCT 955E Toyota Probox.
ii. Motorcycles: KMEU 828Q, KMEU 830C), KMEU 380T, KMEU 375T, KlVIEU 399T, KMEU 394T, KMEU 007V, KMEU 004V, KMEU 843C; KMEU 823g KMEU 358T, KMEU 852G, KMEU 341T, KMEU 991U, KMEU 964U, KMEU 010V, KMEU 891U, KMEU 967U, KMEU 965U, KMEU 998T, KMEU 381T within seven (7) days of court order.
iii. The defendants/respondents shall deposit in Court a sum of Kshs 120,817,739.68 as security to satisfy the decree that may be passed against them in this suit within 30 days from the date of this Order
iv. Costs shall be in the cause.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 5TH DAY OF JUNE 2025.
F. MUGAMBI
JUDGE