JUDGMENT OF THE COURT
On 5th October, 1989, Julius Gichuru Guantai, the respondent in this appeal (hereinafter called “the plaintiff”) purchased from Dr. Joel Muthuri, the appellant (the defendant (the defendant) a motor vehicle registration No. KXV 659 a Peugeot 404 pick-up (the vehicle) at a price of K.Shs.160,000/=. The purchase price was paid by the plaintiff to the defendant in full, part whereof the plaintiff borrowed from a finance company known as Kenya Finance Corporation Limited.
The vehicle was seized by the police on 20th December, 1989 and the reason for such seizure as pleaded by the plaintiff in the superior court was that the vehicle was stolen property and that the defendant had no title to sell the vehicle.
The learned judge in the superior court (Ong’undi, J.) correctly addressed himself as regards the burden of proof in a claim of this nature namely that the onus was on the plaintiff to prove his claim on a balance of probabilities. Having so correctly directed himsel…