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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

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 about 100 feet away from another zebra crossing on the same road which was in a built-up area. This was a double lane street whose whole width was 22 feet so that the dividing yellow line left 11 feet for each lane.

At the time of the accident, the weather was clear and sunny and visibility was good and with the evidence available before him, the learned trial judge, Apaloo J, as he then was, found that motor vehicle registration No KVD 761, Peugeot 404, pick-up was being driven at a speed and th…

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