IN THE COURT OF APPEAL
AT KISUMU
(Coram: Gachuhi, Gicheru and Tunoi JJ A)
CIVIL APPEAL NO 170 OF 1991
NAFTALI ONCHWERI NYANGWACHI ................. APPELLANT
VERSUS
MESHACK OSIEMEO NYAGWACH
ELIJAH M. MANWAI
KEPHER OKUNDI
PAVE AUCTIONEERS..........................................RESPONDENT
JUDGMENTS
Gachuhi JA: Naftali Onchweri Nyangwachi (the appellant) a Kenyan citizen residing in the United States of America since 1971 returned to Kenya for the first time in December, 1987. He brought with him a used vehicle, Honda Accord IX chassis number JHMAD 543 ECO 10271, engine number 1508686 – 1800 cc. For the purpose of custom duty, its value was assessed by Honda Doughty Ltd at Shs 380,000/- but because the vehicle was for personal use no duty was paid. The vehicle was registered by the Registrar of Motor vehicles in his name on 9th March 1988 and allocated registration number KYX 381. He got it comprehensively insured with Blue Shield Insurance Company Limited. When he returned to America he left the…