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….…………..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.…

…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 appellant filed a defence denying having insured motor vehicle KVE 424, (hereinafter referred to as the subject vehicle), at the material time but contending without prejudice, that if there was an insurance cover then…

…the appellant is liable to satisfy the judgment in Civil suit HCCC No.5808 of 1993 under Section 10(1) of the Insurance (Motor Vehicles 3rd Party Risks) Cap 405. 11.…

…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.…

…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 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 Plaintiff was not hit by the said motor vehicle on 20.1.91 of the Nairobi-Mombasa road. In fact there was no pleading or evidence mentioning this road.…

…vehicle so as to avoid the said accident. c) Failing to have any or any proper regard for the safety of other bad users particularly the plaintiff. d) Failing to keep the said motor vehicles in a good proper state of repairs…

…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…

…Particulars thereof included:- (a) That the defendant drove (the motor vehicle) at a speed which was excessive in the circumstances; (b) He failed to take any or any adequate precaution to ascertain whether the motor vehicle…

…(c) He failed to have any or any sufficient regard in the safety of passengers in the motor vehicle.…

…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.…

…It was part of his duties to drive the defendant’s motor vehicles to various destinations on designated duties or purposes.…

…That the endless nagging and arguments led the appellant involving himself in pursuits outside the home including his work of repairing motor vehicles and later church activities.…