CHARLES GICHANA ANGWENYI v NATIONAL INDUSTRIAL CREDIT BANK LIMITED & another [2009] KEHC 1189 (KLR)
- Court
- High Court of Kenya
- Case number
- 1189
- Citation
- [2009] KEHC 1189 (KLR)
- Decided
- 14 September 2009
The plaintiff is not entitled to judgment in the sum of Kshs. 4,426,266/= or cost of repair of the motor vehicle as claimed. The first defendant is estopped from enforcing its rights under the Hire Purchase Agreement due to its failure to secure the vehicle from vandalism.
Facts
The plaintiff entered into a hire purchase contract with the first defendant for a Nissan lorry. The plaintiff defaulted in payments and the first defendant repossessed the vehicle. The plaintiff claimed damages for the loss of the vehicle and costs of repair.
Issues
- Whether the plaintiff is entitled to judgment in the sum of Kshs. 4,426,266/= or cost of repair of the motor vehicle as claimed.
- Whether the first defendant is estopped from enforcing its rights under the Hire Purchase Agreement due to its failure to secure the vehicle from vandalism.
Reasoning
The plaintiff breached the Hire Purchase Agreement, and equity does not permit a person to benefit from his own breach. The first defendant, having repossessed the vehicle, had the right to mitigate its losses by selling the vehicle, but failed to do so, leading to its vandalism.
Outcome
The plaintiff is discharged from any further obligations and/or liabilities under the Hire Purchase Agreement. Each party shall bear its own costs of the suit.
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