JOACKIM MWANDALE OKESSA
V.
THABITI FINANCE CO. LTD

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (Mwera, J.) in which the learned Judge struck out the appellant’s suit as against the respondent herein in High Court Civil Case No. 700 of 1999. In that suit the appellant herein Joackim Mwandale Okessa (as the plaintiff) filed a suit against Thabiti Finance Co. Ltd. (In Liquidation, Liquidating Agent Deposit Protection Fund Board) (1^st Defendant), Christopher Wambugu (2^nd Defendant), Crispin Maina (3^rd Defendant) and Lawrence Charles Kungu (4^th Defendant). In that suit the appellant as plaintiff sought judgment against the defendants (respondents herein) jointly and severally:

“(a) A declaring (sic) that in the events that have happened the 1^st defendant is bound to account for the full value of the Chattel motor vehicle Reg. No. KAA 738R now retained for itself or sold and the 1^st defendant was bound to sell the same and account for the proceeds or value thereof within a reasonable time and further that the…