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…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 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…

…rear of motor vehicle registration No KUJ 314 with the result that the respondent sustained severe personal injuries and therefore suffered loss and damage.…

…The appellant admitted being the insurer of motor vehicle registration No KZV 889 in the name of Pauline Kimuyu and that it was duly notified by the insured of the accident involving the aforesaid motor vehicle and motor…

…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.…

…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.…

…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…

…The Plaintiff was the owner of a motor vehicle registration No.…

…Kinyua was charged and convicted of careless driving and driving a motor vehicle without a driving licence.…

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

…The appellant applied on June 15 for execution of the decree by attachment and sale of the respondents’ machinery, motor vehicles, stock-in-trade and other attachable property registered in the above company (sic) to satisfy…

…That the 5th defendant, its servants and/or agents be and are hereby restrained from removing all assets currently at the said mining area including all motor vehicles, machinery and equipment. 5.…