NICHOLAS MAHIHU MURIITHI v CONSOLIDATED BANK OF KENYA LTD & another [2008] KEHC 1132 (KLR)
- Court
- High Court of Kenya
- Case number
- 1132
- Citation
- [2008] KEHC 1132 (KLR)
- Decided
- 23 May 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks leave to appeal and restraining orderCoramJ. L. A. OSIEMO
Holding
The Notice of Motion is deemed to have been properly filed and served, and the Respondents are restrained from advertising, offering for sale, auctioning, selling, transferring or otherwise parting with the applicant's motor vehicle registration No. KAU 569G
Facts
Applicant borrowed Sh. 5,000,000/= from Respondent to purchase a motor vehicle registration No. KAU 569G. Respondent repossessed the vehicle and advertised it for auction.
Issues
- Whether the Notice of Motion is properly filed and served
- Whether the Respondents can advertise, offer for sale, auction, sell, transfer or otherwise part with the applicant's motor vehicle registration No. KAU 569G
Reasoning
The court finds that the Notice of Motion was properly filed and served, and the Respondents are restrained from selling the vehicle.
Outcome
Leave to appeal granted, restraining order granted
Orders
- The Notice of Motion is deemed to have been properly filed and served
- The Respondents are restrained from advertising, offering for sale, auctioning, selling, transferring or otherwise parting with the applicant's motor vehicle registration No. KAU 569G
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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