JUDGMENT OF THE COURT
Joseph Rading Wasambo, the second respondent in this appeal, (hereinafter called "the plaintiff") sued D.T. Dobie and Company Ltd, the first respondent, (hereinafter called "the first defendant") and Tree Shade Motors Ltd, the appellant (hereinafter called "the second defendant") in the superior court seeking a declaration that the sale by the first defendant, to the second defendant, of a motor vehicle belonging to the plaintiff was null and void and of no legal effect; an order directing the defendants to return the vehicle to the plaintiff; damages for loss of use and detinue; a sum of Shs 1,407,202.50 car hire charges; and an additional sum of Shs 5,000 per day for car hire until the settlement of the case.
Service of summons and plaint was effected on both defendants by registered post in accordance with Order v. r2(b) of the Civil Procedure Rules. The first defendant entered an appearance and filed a defence denying the plaintiff's claim. The gist of the defe…