JUDGMENT OF HANCOX, J.A.
The respondent sued one John Kialemoi Kilel in the Resident Magistrate’s court at Kisumu for Shs 10,380.00 said to be due on five dishonoured cheques for Shs 2,000.00 each, plus interest, and duly obtained judgment for the that amount. It is relevant to state that the respondent also held a chattels mortgage over the Peugeot car KDZ 799, which was the subject of the original transaction between the parties. No decree was included in the record of appeal but no objection has been taken by the respondent to this appeal on that ground.
After judgment was entered the appellant company filed objection proceedings under Order 21 rule 53 (which again, are not all included in the record of appeal, though this is a ground of objection) to the attachment of the vehicle by the respondent in execution of the decree, on the grounds that it had purchased it from Kilel at some stage during the case. This objection was dismissed and the objector unsuccessfully appealed to Giche…