Ahmed Dahir Salat v First Community Bank Limited [2018] KEHC 1627 (KLR)
- Court
- High Court of Kenya
- Case number
- 1627
- Citation
- [2018] KEHC 1627 (KLR)
- Decided
- 19 December 2018
The court allows the case in part, granting permanent injunctions against further claims by the defendant against the plaintiff and against the sale of the security (vehicle). The plaintiff is awarded costs of the suit.
Facts
The plaintiff Ahmed Dahir Salat claimed that he entered into an asset purchase agreement with the defendant First Community Bank Limited for the financing and purchase of a motor vehicle. The defendant repossessed the vehicle without prior notice and sold it, leading to the plaintiff's claim for damages and injunctions.
Issues
- Whether the defendant breached the asset purchase agreement
- Whether the auction of the vehicle was conducted according to the law
- Whether the plaintiff is entitled to damages and injunctions
Reasoning
The defendant failed to comply with its own lending terms of prior notice, which is contrary to fair commercial practice. The auction was conducted properly according to the law.
Outcome
The plaintiff is awarded permanent injunctions and costs of the suit.
Orders
- Permanent injunctions against further claims by the defendant against the plaintiff
- Permanent injunctions against the sale of the security (vehicle)
Remedies
- Permanent injunctions
- Costs of the suit
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