Board Of Trustees, Nairobi Pentecostal Church v Joseph Alwanda & 2 others [2014] KEHC 6510 (KLR)

Facts

The Board of Trustees, Nairobi Pentecostal Church was the registered owner of a motor vehicle registration number KAH 920K until it was sold to Sammy Mugadi. Joseph Awanda filed a compensatory suit against the appellant, Mugadi, and Stephen Lwangu Avistinu. The appellant sought to set aside the ex-parte judgment and be allowed to defend the suit.

Issues

1. Whether the appellant was served with summons to enter appearance and plaint.
2. Whether the firm of Moronge and Company Advocates acted for the appellant without instructions.
3. Whether the learned Magistrate erred in finding the appellant liable in damages in the absence of evidence.
4. Whether the learned Magistrate erred in disregarding the appellant's defense that it was neither the registered owner nor the insured of the vehicle.
5. Whether the learned Magistrate erred in failing to appreciate who between the appellant and the 2nd Respondent was the registered owner and insured of the vehicle.
6. Whether the learned Magistrate erred in failing to set aside the judgment and hear the case on its merit.

Reasoning

The court found that the learned Principal Magistrate erred in dismissing the Motion as res judicata, as the test case file did not bind the other cases. The court also found that the learned Magistrate erred in not considering the merits of the Motion.

Outcome

Appeal allowed