[2015] KEHC 2204 (KLR)
The court found that the applicant had established its claim for repossession of the excavator under the hire purchase agreement, as the respondent had defaulted on the repayment terms and failed to respond to the application. The court was satisfied that the applicant was entitled to the reliefs sought,...
Source-derived case information.
- Citation
- [2015] KEHC 2204 (KLR)
- Parties
- Plaintiff: CFC Stanbic Bank Limited; Defendant: Johana Ngeno Kipyegon
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 331 of 2015
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- Application allowed. Prayers 2 and 5 of the motion dated 8.7.2015 granted.
- Legal Topics
- Hire Purchase Agreements, Repossession of Goods, Default on Installments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CFC Stanbic Bank Limited
Plaintiff
Johana Ngeno Kipyegon
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is entitled to repossession of the excavator under the hire purchase agreement.
- 2 Whether the respondent defaulted on the repayment terms of the hire purchase agreement.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had established its claim for repossession of the excavator under the hire purchase agreement, as the respondent had defaulted on the repayment terms and failed to respond to the application. The court was satisfied that the applicant was entitled to the reliefs sought, specifically the surrender of the excavator and costs, as provided for under the relevant statutory provisions and the terms of the agreement.
Court Disposition
Application allowed. Prayers 2 and 5 of the motion dated 8.7.2015 granted.
Orders
- The respondent is compelled to avail, cede possession and forthwith surrender the excavator No.KHMA903C to the applicant.
- The respondent shall pay the costs of the application to the applicant.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
HCCC. NO. 331 OF 2015
CFC STANBIC BANK LIMITED…...PLAINTIFF
VERSUS
JOHANA NGENO KIPYEGON.........DEFENDANT
RULING
1. By a motion dated 8. 7.2015 the Applicant seeks 5 reliefs but during the hearing, the Advocate indicated that the Applicant seeks only prayers No.2 and 5 of the motion namely;-for the Respondent to be compelled to avail, cede possession and forthwith surrender the excavator No.KHMA903C and costs.
2. The Application is based on Section 14 and 16 of Hire Purchase Act Cap 507, Section 3A of the Civil Procedure Act, Order 51 of the Civil Procedure Rules.It is predicated on the grounds that the Excavator was financed by the Applicant in a hire purchase agreement. The amount financed was Kshs.12,742,400/= on 31. 10. 2013. The same was repayable by way of 47 monthly installments with effect from 15. 12. 2013 at rate of Kshs.353,443/= and in default repossession to take place.
3. The Respondent defaulted the agreement while the amount due was standing at Kshs.11,534,539. 77 as at 15. 6.2015 with interest rate applying at a rate of 33% per annum.
4. The application is supported by the Affidavit of ANN K. MULI sworn on 8. 7.2015. The Respondent was served via advertisement authorized by the court but he has not filed any reply to the claim or the motion herein.
5. I have perused the motion, the Affidavit and the annexures and finds that the motion is merited. The court thus makes the following orders:
Prayer No.2 and 5 are granted as prayed in the motion dated 8. 7.2015.
Dated, signed and delivered in court at Nairobi this 25thday of September, 2015.
…………………………
C.KARIUKI
JUDGE