HAROLD KIDEM MGANGA & ANOTHER V. CONSTANCE MWAI MTOTO

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Etyang’, J) delivered at Mombasa on 29^th July, 2003. This appeal has its origin in a plaint filed by the respondent herein CONSTANCE MWAI MTOTO in the Chief Magistrate’s Court at Mombasa in Civil Suit No. 5020 of 1999. In the plaint dated 25^th August, 1999 and filed in the Chief Magistrate’s Court at Mombasa on 11^th November, 1999 the respondent, through her advocates, M/s Kanyi, Juma and Company Advocates sued Harold Kidema Mganga (1^st appellant herein), Donald Harman Mugau (2^nd appellant) and the Attorney General for general and special damages.

In her plaint the respondent averred that on or about 31^st August, 1998 she was lawfully travelling as a fee paying passenger in the 1^st appellant’s motor vehicle registration number KAG 231K along Mwatate Road when the 2^nd appellant so negligently and carelessly drove, managed and/or controlled it that it rammed into the 3^rd defendant’s vehicle registration numb…