IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: Potter, Kneller JJA and Chesoni Ag JA)
CIVIL APPEAL NO 50 OF 1981
BETWEEN
ISABELLA WANJIRU KARANJA ..................................APPELLANT
AND
WASHINGTON MALELE.................................................RESPONDENT
JUDGMENT
(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Sachdeva J) dated 26th March, 1979.
In
Civil Case No 1547 of 1974)
JUDGMENT OF POTTER JA
The appellant was the driver of a motor car which was involved in a collision with the respondent pedestrian on the Jogoo Road in Nairobi in Nairobi on Saturday March 17, 1973. The respondent suffered injuries and filed a plaint in the High Court on September 24, 1974. The trial commenced on February 19, 1979 and judgment was given by Sachdeva J on March 26, 1979. Finding both parties to have been negligence, and apportioning the blame 75% to the appellant driver and 25% to the respondent pedestrian, the learned judge awarded the respondent Kshs 176,016.50 with cost…