David Karobia Kiiru v Laverage Company Ltd [2017] KEHC 5757 (KLR)
- Court
- High Court of Kenya
- Case number
- 5757
- Citation
- [2017] KEHC 5757 (KLR)
- Decided
- 6 April 2017
The plaintiff was indeed in breach of the hire purchase agreement, and the defendant repossessed and sold the vehicle without due process.
Facts
The plaintiff, David Karobia Kiiru, claimed against the defendant, Laverage Company Ltd, for breach of a Hire Purchase Agreement. The plaintiff alleged that he had paid more than two-thirds of the agreed price but the defendant repossessed and sold the vehicle. The defendant denied repossessing the vehicle and claimed the plaintiff owed them Kshs.152,855.
Issues
- Whether the plaintiff was in breach of the hire purchase agreement
- Whether the defendant repossessed and sold the vehicle without due process
Reasoning
The defendant repossessed and sold the vehicle when the plaintiff had paid more than two-thirds of the hire purchase price, contrary to the Hire Purchase Act.
Outcome
Judgment for the plaintiff, with the defendant paying the plaintiff the sum of Kshs.498,334 with interest, and the defendant's counterclaim dismissed.
Orders
- The defendant shall pay the plaintiff the sum of Kshs.498,334 with interest from the 7th February 2007 until payment in full.
- The defendant's counterclaim is dismissed with costs.
- The costs of the suit shall be borne by the defendant.
Remedies
- Payment of Kshs.498,334 with interest
- Dismissal of the defendant's counterclaim
Authorities cited
Legislation (1)
- Hire Purchase Act, Cap 507 Laws of Kenya
Cases cited (1)
- Silvester Momanyi Marube (Supra)
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