CITY COUNCIL OF NAIROBI v FREDRICK K. KIMANI [2008] KEHC 2964 (KLR)
- Court
- High Court of Kenya
- Case number
- 2964
- Citation
- [2008] KEHC 2964 (KLR)
- Decided
- 29 April 2008
The appellant must comply with the order for release of the motor vehicle before it can be heard by the court.
Facts
The respondent, Fredrick K. Kimani, sought an order for release of his motor vehicle Registration No. KUP 652, which had been impounded by the appellant, the City Council of Nairobi, on October 1, 2007. The respondent deposited Kshs.4,070/= as conditional release, but the appellant did not release the vehicle. The respondent objected to the appellant being heard in the interlocutory application due to the appellant's failure to comply with the order for release.
Issues
- Appellant's appeal against the order for release of the motor vehicle
- Appellant's preliminary objection to the hearing of the notice of motion
Reasoning
The order for release of the motor vehicle was made on November 8, 2007, and there was no order staying its execution. The appellant ignored the order and attempted to proceed with the interlocutory hearing. The court ruled that the appellant must comply with the order before it can be heard.
Outcome
The appellant's appeal was dismissed.
Orders
- Appellant must comply with the order for release of the motor vehicle
Authorities cited
Legislation (3)
- City of Nairobi (designated parking places) amendment by-laws 2007
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (4)
- Civil Application No.Nai 252 of 2002 Joseph Kibe Mungai vs. Arnold Muhoho Johana
- Civil Application No.Nai 300 of 1999 Nairobi City Council and 4 others vs Qurdoba Enterprises Ltd.
- Civil Application No.290 of 2002 Joseph Njoroge Kamau vs. Joseph Maingi Mugwika
- Civil Application No. Nai 63 of 2003 Purshotam Ramji Kotecha & Another vs Narandas Ranchoddas Pau & Another
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