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Board of Governors St. Mary's School v. Boli Festus Andrew Sio

(2020) JELR 103557 (CA)

Court of Appeal  •  Civil Appeal 413 of 2017  •  24 Jan 2020  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

It was a non-contested fact in the suit before the trial court being the High Court of Nairobi, that the appellant, The Board of Governors, St. Mary’s School, hired a bus registration number KAJ 881P to transport pupils and staff on a trip to Mombasa which took place on the 16th November, 2000. The said bus was provided by its owner with a driver. The owner of the bus is not named anywhere in the proceedings and although the driver is named neither the owner of the bus nor the driver were sued.

The respondent, Boli Festus Andrew Sio, a teacher at the school was one of the staff members who undertook the trip.

It was alleged that on the way back from Mombasa on 21st November, 2000 at a place near Makindu along Mombasa - Nairobi highway the bus was carelessly driven and/or controlled that it hit a depression on the road where the plaintiff was thrown to the roof of the bus and he sustained serious injuries. It was claimed therefore, that the appellant did not provide …

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