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John Maseno Ngala & Another v. Dan Nyanamba Omare

(2006) JELR 105319 (CA)

Court of Appeal  •  Civil Appeal 320 of 2002  •  10 Nov 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the superior court (Rimita, J) delivered at Nakuru on 6th February, 2001. The appeal is basically on assessment of damages since liability is not challenged.

The suit herein was commenced by way of a plaint filed by Dan Nyanamba Omare (minor suing through Isaac James Omare his next friend) as plaintiff against John Maseno Ngala (1st Defendant) and General Motors Limited (2nd Defendant). It was not in dispute that the minor was on 1st February, 1996 hit and injured by a motor vehicle registration number KAE 305S which was being driven by the 1st defendant. According to the pleadings and the evidence adduced in support of the plaintiff’s case, the minor was lawfully crossing Nakuru -Eldoret Road when he was hit by the vehicle which was being driven by the 1st Defendant. This accident was witnessed by Kipkerich Rono (PW 4) who testified that on the material day at about 12.30 p.m. he was with other elders driving towards Nakuru w…

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