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CAR & GENERAL (K) LIMITED
V.
DIAMOND TRUST OF KENYA LIMITED

(1995) JELR 103383 (CA)

Court of Appeal 20 Jul 1995 Kenya
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Case Details

Suit Number:Civil Appeal 159 of 1994
Judges:Riaga Samuel Cornelius Omolo, Richard Otieno Kwach, John Mwangi Gachuhi
Location:Mombasa
Other Citations:Car & General (K) Limited v. Diamond Trust of Kenya Limited [1995] eKLR

JUDGMENT OF THE COURT

We think this appeal is clearly devoid of any merit. The appellant attached a motor vehicle belonging to the respondent. The attachment was levied on or about the 10th July, 1992. The attached motor-vehicle registration number KAB 110M belonged to Diamond Trust of Kenya Ltd, the respondent herein, but was on hire to a company called Four Seasons Resort Ltd. Car and General (K) Ltd, the appellant herein had obtained a decree from the Court of the Resident Magistrate, Mombasa against Four Seasons Resort Ltd. Armed with that decree, the appellant, through M/s Kinyua and Co Auctioneers of Mombasa, seized the respondent’s vehicle. The respondent through its letter dated the 10th July, 1992, immediately informed the appellant that the vehicle belonged to them and not to Four Seasons Resort Ltd. The appellant passed this letter to its advocates M/s Marende and Company Advocates and on the 14th July 1992, those gentlemen wrote a letter to the respondent asking the respond…

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