Supa Savings Sacco v Kiboi (Tribunal Case E166 (361) of 2021) [2023] KECPT 738 (KLR) (31 August 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 738
- Citation
- [2023] KECPT 738 (KLR)
- Decided
- 31 August 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTribunal CasePostureApplication for InjunctionCoramHON. BEATRICE KIMEMIA, HON. J. MWATSAMA, HON. BEATRICE SAWE, HON. FRIDAH LOTUIYA, HON. PHILIP GICHUKI, HON. MICHAEL CHESIKAW, HON. PAUL AOL
Holding
Preserve the subject motor vehicle pending the hearing and determination of the claim
Facts
The Respondent (Kiboi) borrowed a loan from the Claimant (Supa Savings Sacco) to purchase a motor vehicle (registration number KAX 322R). Kiboi took possession of the vehicle after the Claimant defaulted on the loan. The vehicle is still registered to Hambu Freight Services Limited.
Issues
- Whether the Respondent can sell the motor vehicle
- Whether the Respondent can register the motor vehicle
Reasoning
The vehicle is still registered to Hambu Freight Services Limited, and the Respondent took possession after the Claimant defaulted. There is sufficient ground to preserve the vehicle pending the hearing.
Outcome
Allow the Notice of Motion Application
Orders
- Issue a temporary order of injunction against the Respondent to prevent selling, offering for sale, transferring ownership, registering any instrument of disposition, and interfering with the Applicant's ownership of the motor vehicle
- Prayer 4 to await the outcome of the matter on merits
- Costs in the cause
- Parties to file and serve Witness Statement and Documents 14 days from today. Mention for Pre-trial directions on 11.12.2023 to fix matter for hearing
Remedies
- Preserve the subject motor vehicle pending the hearing and determination of the claim
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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