JOHN GICHUKI NDINGURI V. NJERI CHUCHU

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GITHINJI, OKWENGU and G.B.M. KARIUKI, JJ.A.)

CIVIL APPEAL NO. 228 OF 2005

BETWEEN

JOHN GICHUKI NDINGURI.................APPELLANT

AND

NJERI CHUCHU...................................RESPONDENT

(Being an appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (Ang’awa, J.) delivered on 23^rd day of March, 2004

in

H.C.C.C No. 394 of 2003)

**************

JUDGMENT OF GITHINJI, JA

[1] This is an appeal from the Judgment of the High Court (Ang’awa, J) dismissing the appellant’s suit for damages, arising from a road traffic accident.

[2] By a plaint filed in the High Court on 30^th April 2003, the appellant averred that the respondent was the registered owner of motor vehicle registration number KAE 307Q Mitsubishi canter; that on 29^th April 2002 he was lawfully travelling in the vehicle; that the respondent’s driver, servant or agent carelessly and negligently drove the motor vehicle and caused it to veer off the road and ran into a tree causing an…