GIDEON GITAU NDATHA V. ROSALINE MARY OSBORN

JUDGMENT

November 9, 1988, Nyarangi, Masime JJA and Kwach, Ag JA delivered the following Judgment.

Gideon Gitau Ndatha (the appellant) filed proceedings against Rosaline Mary Osborn (the respondent) to recover damages for personal injuries alleged to have been sustained in a collision involving the appellant and a vehicle registration number KSL 624 owned and driven by the respondent. The accident occurred at about 8.00 o’clock at night along Kikuyu/ Dagoretti road. The High Court dismissed the appellant’s claim and it is from that judgment that he now appeals to this court.

In his plaint the appellant stated that on August 14, 1982 at about 7.00 pm while he was lawfully walking alongside Kikuyu road, the respondent or her agent drove, managed and controlled motor vehicle registration number KSL 624 in such a careless or negligent manner that it violently hit and knocked down the appellant. He then sets out particulars of negligence, injuries and of special damages. The respondent filed …