Court declines request to warehouse 32 Juldan luxury buses as father, son squabble deepens

High Court Judge Situmbeko Chocho has refused to order the parking of 32 Juldan Motors Limited buses as it would bring misery and inconvenience to the traveling public.

In this matter Juldan Motors Limited proprietor, July Danobo, sued his son, Raymond Danobo, over the ownership of 32 luxury buses.

Raymond in turn countersued the Father demanding K7 million for loss of business and filed an application seeking an order of injunction barring the father from interfering with his quiet possession and enjoyment of the property in dispute until determination of the ownership of the said buses.

He further asked the High Court to order that the vehicles be parked at a neutral place for safety until final determination of the case.

Judge Chocho declined his application because he had failed to prove that he would suffer irreparable damage should the injunction not be granted.

“I arrive at this view considering also that the plaintiffs cannot legally dispose of the subject property or cause irreparable damages.

“There is no apparent danger of the subject property, being damaged, wasted or alienated by the plaintiffs. For the forgoing reasons, I hereby decline the defendant’ s application for an injunction and to have the subject property parked, pending determination of this matter,” she said in a ruling.

Raymond, however, got some relief as the court ordered the father not to interfere with his running of the buses.

In his counterclaim, Raymond stated that from May 2021 to date, he has made an estimated loss of K100,000 per day for the business owing to the squabbles between him and the father.

He demanded that his father and the company render an account on how the buses have been used, as they are business chattels.

He submitted that the buses in question were a gift from his father in consideration of natural love and affection as his son.

Raymond denied commencing any change of ownership of the property and stated that once motor vehicles are gifted, they cannot be taken away by the donor.

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