DAVID MUNYUA NGOTHO V WILSON OCHIENG’ ONGWACH (Civil Appeal 23 of 2002) [2012] KEHC 1626 (KLR) (27 September 2012)

Facts

The Appellant sued the Respondent for a sum of Kshs. 80,000/= for the balance of purchase price of a motor vehicle KAH 954A. The Respondent denied liability and contended that the Appellant had no documents of title to the vehicle and that it was impounded by Kenya Revenue Authority (KRA). The Appellant claimed that the trial magistrate erred in dismissing his suit.

Issues

1. Whether the trial magistrate erred in dismissing the Appellant's suit despite overwhelming evidence against the Respondent.
2. Whether the trial magistrate erred in arriving at a judgment that was not conclusive as to the ownership of the subject motor vehicle and the balance of the purchase consideration.
3. Whether the trial magistrate erred in shifting the blame of breaching the contract to the Appellant.
4. Whether the trial magistrate erred in not taking into account the background information in his judgment.
5. Whether the trial magistrate erred in arriving at the decision that the learned counsel for the Respondent had a valid practicing certificate as at the date of signing the Defence and conducting the suit.

Reasoning

The Appellant admitted that he did not have the log book, which was with Customs. The Appellant could not possibly be serious that he should be paid the balance of the purchase price for selling goods with defective title. The question of ownership of the motor vehicle was not pleaded and it only arises in the context of who should go to pick the motor vehicle from Ugunja.

Outcome

Appeal dismissed

Authorities cited