JOSEPH NJUGUNA MUNIU V. MEDICINO GIOVANNI

JUDGMENT OF THE COURT

On or about 6th April, 1990 at about 5.45 a.m. Medicino Giovanni (the respondent) was travelling along Limuru Road to Nairobi as a passenger in motor vehicle registration No. KXX 138 belonging to Joseph Njuguna Muniu (the appellant) and driven by his servant and or agent when the said vehicle was involved in a collision with another vehicle. As a result the respondent suffered serious personal injuries. The accident was caused as alleged by the respondent, through the negligence of the defendants servant or agent as he was driving at the time of the accident at a speed which was excessive in the circumstances, without having any proper control of the vehicle, failing to keep any look out and driving (interalia) without due care and attention. By his plaint dated 12th October, 1994, the respondent sued the appellant for general and special damages.

By his defence dated 24th November, 1994 the appellant admitted that at the material time he was the owner of the said …