JUDGMENT
JUDGMENT OF KIAGE, JA
This is a second appeal by the appellant. His first appeal, against the judgment of the Chief Magistrate’s Court at Kakamega that dismissed his suit and allowed the respondent’s counterclaim of Ksh. 499,329 with costs of the suit and interests, was dismissed by the High Court (Njagi, J) on 5th October, 2017.
That dismissal followed a suit by the appellant against the respondent arising from a dispute over monies owing under a Hire Purchase Agreement. It was common ground that the respondent financed the appellant’s purchase of motor vehicle registration No. KAX 248U Mitsubishi Pickup whose purchase price was Ksh. 1,496,972. The appellant alleged that despite making an overpayment totaling Ksh. 1,596,376, the respondent sent its agents, Shelfo Auctioneers, on 18th September, 2009 to attach and repossess the motor vehicle in question. He thus sought a permanent injunction restraining the respondents from repossessing the vehicle, a refund of the said overpaym…