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Kantilal Khimji Patel & Khimji Ladha Patel & Co.v Joseph Mutunga Wambua

(1994) JELR 100257 (CA)

Court of Appeal  •  Civil Appeal 135 of 1988  •  25 Nov 1994  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Gachuhi, Gicheru and Tunoi JJ A )

CIVIL APPEAL NO. 135 OF 1988

BETWEEN

1. KANTILAL KHIMJI PATEL

2. KHIMJI LADHA PATEL and CO. ......................................................APPELLANTS

AND

JOSEPH MUTUNGA...........................................................................RESPONDENT

(Being an appeal from the judgment of the High Court of Kenya at Nairobi (Mr Justice Apaloo) dated 7th July, 1986

in

HCCC No 3452 of 1984)

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

JUDGMENT

On 29th or 30th March, 1983 between 1.00 and 2.00 pm the respondent was knocked down and seriously injured by a motor vehicle registration No KVD 761, Peugeot 404, pick-up driven by the first appellant along Ring Road, Westlands, Nairobi. That motor vehicle belonged to the second appellant and at the time of the accident, the first appellant was driving it in the ordinary course of the second appellant’s business. The accident occurred about 7 paces away from a zebra crossing which was …

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