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Dauglas Erick Nyakundi Masira v. Rongai Workshop Limited & Peter Karenge Mungai

(2016) JELR 104188 (CA)

Court of Appeal  •  Civil Appeal 242 of 2009  •  14 Apr 2016  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant DAUGLAS ERICK NYAKUNDI MASIRA moved to the High Court at Kericho and presented a plaint dated the 1st day of August 2007, directed against the respondents, RONGAI WORKSHOP LTD and PETER KARENGE MUNGAI the 1st and 2nd respondents respectively.

In it, the appellant sought both special and general damages, costs, interest and any other relief that the court would deem fit to grant.

The cause of action arose from a road traffic accident which occurred on the 3rd day of June 2007 near Kericho Teachers College, involving the appellant as a pedestrian and motor vehicle registration number KVP 367 lorry make Leyland and pulling trailer Z9569, owned by the 1st respondent. It was being driven by the 2nd respondent in his capacity as the driver, servant and/or agent of the 1st respondent.

It was the appellants averment that the said accident occurred as a result of the 2nd respondent’s negligent manner of driving as particularized in the plaint. The appellant cont…

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