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Joash M. Nyabicha v. Kenya Tea Development Authority, Kipkebe Limited & Attorney General

(2013) JELR 105443 (CA)

Court of Appeal  •  Civil Appeal 302 of 2010  •  24 Oct 2013  •  Kenya

John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai



This is an appeal from the judgment and decree of the High Court at Kisii (Makhandia J. as then was) dated 16th July, 2010. The genesis of this appeal is that on 10th February, 1998 Joash B.M. Nyabicha the appellant, at about 5.00 O'clock was riding motor-cycle registration No. KAD 798Z on his way home when, near Enchore Trading Centre, he was knocked down by lorry registration No. KAA 823 P. As a result of the accident, the appellant was seriously injured. He blamed the accident on the driver of Kenya Tea Development Authority, (“the 1st respondent.”)

On 1st January, 1999 the appellant was arrested and charged before the Chief Magistrate's Court at Kisii with riding a defective motor-cycle in Traffic Case No. 188 of 1999 in respect of the same accident. He was however acquitted on 28th July, 1999.

By a plaint dated 10th February, 2000 the appellant sued the 1st respondent, Kipkebe Limited (“the 2nd respondent”) and the Attorney General (“the 3rd respondent”) jointl…

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