A.S. Sheikh Transporters Limited & another v Barclays Bank of Kenya Limited & 3 others [2014] KEHC 1976 (KLR)
- Court
- High Court of Kenya
- Case number
- 1976
- Citation
- [2014] KEHC 1976 (KLR)
- Decided
- 10 November 2014
The return of KAZ 516M Mercedes Benz (Actros) and Trailer registration number ZC 4425 is in part satisfaction of the suit, and there would be adjustment of the suit in prayer e of the amended plaint.
Facts
The 2nd and 3rd Defendants ceased being the receivers and managers of the 1st Plaintiff, and released KAZ 516M Mercedes Benz Actros and Trailer registration number ZC 4425 to the Plaintiffs.
Issues
- Whether the suit has been adjusted by a lawful agreement or compromise
- Whether the Plaintiffs have provided proof of ownership of the truck
- Whether the Plaintiffs have complied with the mandatory provisions of Order 4 Rule 1 of the Civil Procedure Rules
Reasoning
The return of the truck was voluntarily done by the 3rd and 4th Defendants, and the Plaintiffs claimed the return in the Amended Plaint. The other prayers in the amended plaint have been overtaken by events.
Outcome
The suit is adjusted in prayer e of the amended plaint, and the Plaintiffs are ordered to find a way of bringing the entire suit to closure.
Orders
- Order for adjustment of the suit in prayer e of the amended plaint
- Order for the Plaintiffs to find a way of bringing the entire suit to closure
Remedies
- Adjustment of the suit in prayer e of the amended plaint
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Javan Lewa Mute Vs Shiva enterprises Limited Mombasa HCCC No. 242 of 1995
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