[2017] KEHC 6194 (KLR)

[2017] KEHC 6194 (KLR)

The court found that the sale agreement between the parties did not specify a completion date, and the Appellant's continued acceptance of payments over an extended period indicated a mutual understanding that time was not of the essence. The Appellant's unilateral repossession of the vehicle without notice or a...

Source-derived case information.

Citation
[2017] KEHC 6194 (KLR)
Parties
Appellant: Patrick Muia Mutinga; Respondent: Peter Mweu
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
4 April 2017
Case Number
Civil Appeal 243 of 2013
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
BC Koech
Legal Topics
Contract of Sale, Repossession of Goods, Refund of Purchase Price, Breach of Contract
Source Language
english
Commercial and Corporate Civil Procedure Contract of Sale Repossession of Goods Refund of Purchase Price Breach of Contract

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Summary, issues, holding and outcome

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Parties

Patrick Muia Mutinga

Appellant

Peter Mweu

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether or not the Respondent breached the agreement of sale of motor vehicle registration Number KAN 937 A.
  2. 2 Whether or not the repossession of the said motor vehicle by the Appellant was lawful.
  3. 3 Whether or not the Respondent was entitled to refund of the purchase price already paid.

Ratio Decidendi

The court found that the sale agreement between the parties did not specify a completion date, and the Appellant's continued acceptance of payments over an extended period indicated a mutual understanding that time was not of the essence. The Appellant's unilateral repossession of the vehicle without notice or a court order was unlawful, as the agreement was silent on repossession and penalties. Equity and natural justice required the Appellant to notify the Respondent before repossessing the vehicle. Furthermore, since the Appellant was not the registered owner of the vehicle and the contract did not provide for forfeiture of payments, it was unconscionable for the Appellant to retain...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the Respondent.