JOSEPH KOGI NGOTHO & ANOTHR V. SYLAVANO N. NYAGA & ANOTHER

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court of Kenya at Nyeri (Okwengu, J) on liability in negligence and damages arising from an accident on 18^th July, 1999 along Kiganjo – Nyeri road.

2. The respondents in the appeal were the plaintiffs in the superior court while the appellants were the defendants. It was the respondents’ case that the 2^nd respondent is the owner of motor vehicle registration number KAC 308 U and that at the material time (at or about 9.30 pm) it was being driven by the 1^st respondent who is one of his sons. As the 1^st respondent drove past Kerichu, the road curved and there is a depression. He testified that at that time the road thereat was slippery as it had drizzled. He was driving at a speed of about 80kph. As he approached the curve he saw the lights of a motor vehicle which was approaching from the opposite direction. It was moving very fast and it appeared to be taking almost the whole road, including his side. He braked and…