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D.T. DOBIE & COMPANY (KENYA) LIMITED
V.
JOSEPH MBARIA MUCHINA & ANOTHER

(1980) JELR 105275 (CA)

Court of Appeal 18 Mar 1980 Kenya
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- The plaintiff, registered owner of a Mercedes vehicle, sued the second defendant (an automobile company) for wrongful seizure and detention, after the vehicle was removed from police custody by the second defendant’s employee and not rele

Case Details

Suit Number:Civil Appeal 37 of 1978
Judges:Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter
Location:Nairobi
Other Citations:D.T. Dobie & Company (Kenya) Limited v. Joseph Mbaria Muchina & another[1980] eKLR

JUDGMENT

The first respondent (plaintiff in the High Court)was the registered owner of a Mercedes saloon motor car(Mercedes) registration number KPK 987 which the plaintiff had taken to the appellant's (second defendant) premises for repairs from where it was collected by C.I.D. officers in connection with some investigations. On 9th November, 1976 the second respondent (first defendant) obtained an order for the conditional attachment of the Mercedes in the High Court Civil Case No. 2468 of 1976 which she as the plaintiff in that suit had instituted against one Kasila Mulindwa as the defendant for the recovery of a sum of money, on the strength of her own Affidavit and an affidavit sworn by an employee of the second defendant named Mbango, the first defendant deposing in her affidavit that as informed by Mbango, which information she believed to be true, the Mercedes belonged to Kasila Mulindwa and it was lying with the second defendant awaiting delivery or sale on behalf of Kasila Mu…

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