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John Wambugu Ndung'u & Dolphin Coaches Limited v. David Kagotho Iribe

(2016) JELR 100773 (CA)

Court of Appeal  •  Civil Appeal 51 of 2011  •  16 Jun 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

On 18th September, 2005 at about 10.30 p.m. whilst in the course of transporting a consignment of potatoes using motor vehicle registration number KAD 102 J, make Mitsubishi (Canter), from Elburgon to Nairobi, the said vehicle developed a mechanical problem at Marula on the outskirts of Naivasha, forcing the respondent and his turn boy to stop and alight, with a view to assessing the precise nature of the problem. According to the respondent, he parked the Canter on the left hand side of the Nakuru-Nairobi highway, and placed life saver signs both at the front and at the rear of the Motor Vehicle to alert oncoming traffic of their presence. For good measure, tree branches were also placed at the front and rear of the vehicle with a similar intention.

They also placed stones behind the Canter’s tyres to secure it as they assessed the mechanical fault, which turned out to be a broken half shaft. Having discovered the cause of their woes, the respondent was of the vie…

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