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…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.…

…NO 3086 OF 1989 ROBERT LETAPIN OLE KIDOTU...........................PLAINTIFF VERSUS STEPHEN MUIRURI...........................................RESPONDENT RULING The objector herein, Loise Njoki Murathi seeks release of a motor…

…vehicle, KZZ 658 attached at the instance of the plaintiff herein, Mr Kidotu for a debt owed by the defendant Mr Muiruri who is the husband of the objector.…

…In due course motor vehicle registration number KCQ 400Z (“Prado”) was added as part of the lease. 2.…

…”) but the 1st Defendant failed to surrender the registration documents to enable him transfer the motor vehicles to his name.…

…against the Plaintiff in relation to the said accident involving motor vehicle registration number KCL 915D; 3) Costs of the suit and interest. 2.…

…against the Plaintiff in relation to the said accident involving motor vehicle registration number KCL 915D; and c) Costs of the suit and interest 6.…

…Despite partial compliance, such as depositing logbooks as was admitted, the Plaintiff continued to use the subject motor vehicles.…

…His action of continued use of Motor Vehicles Registration Number KCQ 626Q defy express court orders that have not been set aside.…

…The Objectors are seeking a substantive order for the unconditional release of the motor vehicles registration numbers KCE 152V, KYF 593, KBJ 924X and KCR 584J (the 1 st , 2 nd , 3 rd and 4 th subject motor vehicles) which…

…herein; adding that the 4 th subject motor vehicle in particular; belongs to him.…

…The Objectors are seeking a substantive order for the unconditional release of the motor vehicles registration numbers KCE 152V, KYF 593, KBJ 924X and KCR 584J (the 1 st , 2 nd , 3 rd and 4 th subject motor vehicles) which…

…herein; adding that the 4 th subject motor vehicle in particular; belongs to him.…

…Vehicle registration number KBP 488C within the contractual use of the motor vehicle. 3.…

…of the same motor vehicle.…

…The prayers on the motor vehicles have been overtaken by events. Firstly, the Judge made orders which released the motor vehicles to the 1st defendant on a running attachment.…

…Objections, to the levying of execution on the motor vehicles, were raised by several entities, and the attachment was lifted by consents that were recorded on 3rd March 2004.…

…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.…

…The objector is the lawful and registered owner of the aforementioned motor vehicles.…

…The 1st defendant/Respondent is a beneficial user and owner of the motor vehicle ZD 9059. The objector applicant is fully insured by Monarch Insurance Co.…

…THAT in breach of the said policy agreement, the Defendant’s motor vehicle registration No.…

…THAT The dispute arose as to the use of the motor vehicle at the time of the accident that led to the filing of the suit.…

…The Plaintiff averred that on or about 26th November 2019, the said motor vehicle was involved in a road traffic accident along the Mogonga–Kionyo road.…

…The Plaintiff produced evidence demonstrating issuance of motor vehicle insurance policy number 09516227 to the Defendant for motor vehicle registration number KCE 829C. This evidence was not controverted.…

…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.…

…In the certificate of urgency, just as in the previous application, the applicant avers that the repossession of the plaintiff/applicant's motor vehicles is contrary to the provisions of the law, in particular to the Auctioneers…

…The plaintiff/applicant has averred that the respondents have already repossessed some of the motor vehicles and may continue to do so unless restrained by this Court.…

…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.…

…Gichana & Company Advocates, moved the Court under Articles 50 and 159(2) of the Constitution, Sections 1A, 1B and 3A of the Civil Procedure Act, Section 10 of the Insurance (Motor Vehicles Third Party Risks) Act, Order 50…

…Vehicles Third Party Risks) Act.…

…He also relies on earlier objector proceedings before the Small Claims Court in which one Charan Harjeet Kaur objected to the attachment of certain goods and motor vehicles. 5.…

…It concerned the attachment of specific movable property and motor vehicles said to be in her premises.…