[2002] KEHC 541 (KLR)
The court found that the defendant, having not been fully paid, is entitled to retain the vehicle ownership documents as security. The plaintiffs' absence from the jurisdiction increases the risk that the defendant would be left without recourse if the documents were released prematurely. The court exercised its...
Source-derived case information.
- Citation
- [2002] KEHC 541 (KLR)
- Parties
- Plaintiff: Kiconco Monica; Plaintiff: Kemirembe Lois; Defendant: Kisegi Agencies Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 432 of 2001
- Procedural Posture
- Civil Suit / Ruling on Application for Release of Documents
- Outcome
- application dismissed with costs
- Legal Topics
- Release of Documents, Security for Payment, Jurisdiction, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiconco Monica
Plaintiff
Kemirembe Lois
Plaintiff
Kisegi Agencies Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Release of Documents
Legal Issues
- 1 Whether the plaintiffs are entitled to the release of vehicle ownership documents while outside the court's jurisdiction.
- 2 Whether the defendant is entitled to retain the documents as security until full payment is made.
Ratio Decidendi
The court found that the defendant, having not been fully paid, is entitled to retain the vehicle ownership documents as security. The plaintiffs' absence from the jurisdiction increases the risk that the defendant would be left without recourse if the documents were released prematurely. The court exercised its discretion to protect the defendant's interests and dismissed the application, holding that full payment must be made before the security is released.
Court Disposition
application dismissed with costs
Orders
- The plaintiffs' application for release of vehicle ownership documents is dismissed with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO.432 OF 2001 KICONCO MONICA …………………………………... 1ST PLAINTIFF
KEMIREMBE LOIS ……………………………………. 2ND PLAINTIFF
VERSUS
KISEGI AGENCIES LTD ………..……………………… DEFENDANT
R U L I N G
The Applicants/Plaintiffs are not in Kenya under the jurisdiction of this Court. They apply that important documents relating to the ownership of certain vehicles listed in the application be released to them. The Respondents have objected to the application on the grounds that he has not been fully paid and he fears the Plaintiffs may not return to jurisdiction of this court. On perusing the affidavits on both sides and upon hearing of the arguments of counsel I am of the opinion that the Respondent must be paid in full before he is asked to part with the only security he now holds. In the circumstances the application is rejected and the same is dismissed with costs.
Dated at Mombasa this 16th Day of April, 2002.
J. KHAMINWA COMMISSIONER OF ASSIZE
No appearance for Applicant or Respondent though have been notified.
J. KHAMINWA COMMISSIONER OF ASSIZE