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…DEBTOR RULING This is an application by the objector to the attachment of motor vehicle KXK 245 in execution of the decree in this suit. The application is brought under order XXI r 56 of the Civil Procedure Code.…

…By his supporting affidavit he claims that the said motor vehicle is his property as evidenced by the log book annexed to it as Exh F.…

…On the material date Mwangi Thumbi (Thumbi), found, the appellant removing a side driving mirror from motor vehicle KKH 231, which belonged to Waruguru. He suspected the appellant.…

…He woke Waruguru up and together with two other people they went to the appellant’s house who on demand produced Waruguru’s motor vehicle side mirror and another one for an unknown motor vehicle.…

…2000 Milimani Commercial Courts T Mbaluto, Judge Civil Case No 583 of 2000 This is an application for an injunction under Order 39 rule 1, 2 and 3 and to restrain the defendant from repossessing or taking possession of motor…

…vehicle registration number KAC 031J until the suit filed by the plaintiff/applicant against the defendant/respondent is heard and determined.…

….…………..DEFENDANT RULING The defendant herein Kimunye Investments Ltd, moved the court under Section 3A of the Civil Procedure Act (Cap 21) asking for orders that:- “The sale of motor-vehicle Reg No KTJ 996, in August 1986…

…Mr Kamotho’s complaint was that the warrant of attachment issued for the sale of this motor-vehicle had expired and it was not re-issued so that the auctioneers had no authority to sell the vehicle as they did.…

…of the offence were that on the 2nd day of June, 1992 at about 9.15 pm at Namanga border entry point in Kajiado district of the Rift Valley province, was found in possession of 266,000 methaqualone (mandrax) tablets in a motor…

…vehicle Reg No APA 584, pick up Toyota Land Cruiser otherwise then in accordance with the provisions of the Dangerous Drugs Act.…

…The particulars of the motor vehicles and their value are specified. These motor vehicles are said to be the only known property of the defendant in this country save for some office furniture.…

…The defendant was in Kenya recently to secure the release of the motor vehicles earlier attached in this case. Thereafter the witness was instructed that the motor vehicles should be serviced ready to travel to Kigali.…

…There was further an order that the registration of the said vehicle by the Registrar of Motor Vehicles be cancelled and fresh registration be done.…

…The situation obtaining is that appellant had indeed bought the body of a motor vehicle (ex 11) from Thomas Kimotho Gachuhi (PW -2) of Jalopy Motor Spares who deal in second hand motor vehicles and scrap metals along Komorock…

…To lose the subject motor vehicles when it may turn out that no arrears are owed would in my view occasion to the plaintiff an injury which cannot be adequately compensated by damages.…

…vehicles.…

…vehicle Reg No KNN 997 when the said motor vehicle collided with another motor vehicle Reg No KDP 744 on 20th August 1977 along Bungoma/Mumias Road.…

…The driver (of the lorry) dipped the lights when the motor vehicles were about to by-pass one another they encountered a stationary motor vehicle, ahead of them into which their motor vehicle rammed into.…

…vehicle KTM 104 which respondent paid on his behalf and also that plaintiff has expended a further shs 20,000/- in respect of the vehicle; that motor vehicle KTM 104 is in plaintiff’s possession but cannot fetch more than…

…motor vehicle KTM 104; that except for the price of KTM 104 – which is shs70,000/- he does not owe plaintiff any other money nor has plaintiff sold any other goods other than the three motor vehicles nor advanced any money…

…The applicant seeks to have the subject motor vehicle preserved pending the hearing of the appeal.…

…The orders are purely meant to preserve the subject motor vehicle to ensure that the applicant’s is not defeated by having the motor vehicle disposed and or transferred to a third party or destroyed so as to render it impossible…

…vehicle KTM 104 which respondent paid on his behalf and also that plaintiff has expended a further shs 20,000/- in respect of the vehicle; that motor vehicle KTM 104 is in plaintiff’s possession but cannot fetch more than…

…motor vehicle KTM 104; that except for the price of KTM 104 – which is shs70,000/- he does not owe plaintiff any other money nor has plaintiff sold any other goods other than the three motor vehicles nor advanced any money…

…vehicle.…

…Oncoming motor vehicles with lights on made it impossible for the plaintiff to see this lorry. It hadno warning lights or signs behind it.…

…The witness further stated : “The motor vehicles were released to the owners. The cylinders are in our custody and DCI headquarters.…

…The release of the motor vehicles to their respective owners without the owners providing any statements and or being called to testify, was an act that was detrimental to the prosecution’s case.…

…There is no doubt that the second appellant was the driver of the motor vehicle that drove the thieves to the house of the complainant.…

…At the scene there were several securicor motor vehicles with sirens on but he did not stop. His conduct for the Republic was evidence of his guilt. The second appellant does not deny acting the way he did.…

…He formed an opinion that it was the driver of M/V KCP 321T that failed to give way to an on-coming motor vehicle. 5.…

…It was also impracticable to the speed of the motor vehicle vis a vis that of the motor-cycle. 8.…

…It would appear that the 2nd defendant does not dispute that an accident did take place between him and the plaintiff and that that accident involved motor vehicle registration No KPG 866.…

…The Registrar of Motor Vehicles was unable to say who owned the vehicle from 1st September 1984.…

…The Appellant was charged with driving a motor vehicle without an inspection sticker contrary to Section 17A (1) of the Traffic Act (CAP 403).…

…the said Motor Vehicle without inspection sticker for commercial purpose. 3.…

…He stated that when going out on investigations their motor vehicles would not be assigned, and the destination would not be disclosed as Kenya wildlife service has several unmarked cars – that the motor vehicle they had…

…He said he was in the shamba which is near the road when some people whose motor vehicle was stuck on the road called him to assist to push.…