Mbayi v Platinum Credit Limited (Civil Appeal E951 of 2023) [2025] KEHC 15231 (KLR) (Civ) (23 October 2025) (Judgment)
- Court
- High Court of Kenya
- Case number
- 15231
- Citation
- [2025] KEHC 15231 (KLR)
- Decided
- 23 October 2025
The appeal is dismissed with costs, and the trial court's ruling is upheld.
Facts
The appellant, Timothy Martin Mbayi, had entered into a money lending contract with the respondent, Platinum Credit Limited, and had offered his motor vehicle as security. The respondent took possession of the vehicle, claiming it was in default on a loan. The appellant sought declarations that the possession was unlawful, restoration of possession, and damages.
Issues
- Whether the trial court erred in finding the taking of possession lawful
- Whether the appellant satisfied the conditions for an injunction
Reasoning
The court found that the appellant willingly entered into the contract and admitted default, and his circumstances did not legally shield him from liability. The court also noted that the appellant did not demonstrate that the taking of possession was contrary to the contract terms.
Outcome
Appeal dismissed
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