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Edward Mariga through Stanley Mobisa Mariga v. Nathaniel David Schulter & Esco (K) Limited

(1997) JELR 102535 (CA)

Court of Appeal  •  Civil Appeal 23 of 1997  •  26 Sep 1997  •  Kenya

Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Richard Otieno Kwach



Edward Mariga, a minor suing through his father, Stanley Mariga, as next friend, (hereinafter called "the appellant"), filed a suit in the superior court against Nathaniel Schulter (the first respondent) and Esco (K) Ltd (the second respondent) claiming damages for personal injuries he sustained on 23rd March, 1990 when he was hit by a motor vehicle registration number KVZ 871 owned by the second respondent, but being driven by the first respondent, along Lenana Road in Nairobi. The appellant and his brother, Michael Mariga, were on their way home from school.

According to the averments in the plaint, the accident was caused by negligence on the part of the first respondent. The appellant's evidence and that of his brother was that the appellant was hit as they walked on the pavement. He suffered a fracture of the left femur and bruises on both hands. He was taken to hospital by the first respondent who also met the full cost of his treatment.

The respondents filed …

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