IN THE COURT OF APPEAL
AT NAKURU
(Coram:Law, Potter JJA and Kneller Ag JA)
CIVIL APPEAL NO 55 OF 1981
BETWEEN
CHESIRE and ANOTHER...................................APPELLANT
AND
HZ and COMPANY LIMITED........................RESPONDENT
JUDGMENT
Law JA On December 30, 1979 a motor vehicle belonging to the respondent (“the employer”) and driven by one Ondieki (“the employee”) who was employed by the employer to drive this particular vehicle, collided with a motor car owned by the first appellant and driven by one Chesire (“the deceased”). The deceased was killed outright and the car he was driving was damaged beyond repair. As a result of the accident, the first appellant in Nakuru Civil Suit No 60 of 1980 (“the first suit”), claimed against the employee as first defendant and the employer as second defendant the sum of Kshs 60,020 being the value of the car together with the costs of the police abstract of the particulars of the accident and the widow of the deceased in Nakuru Civil Suit No 106 …