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Kemfro Africa Limited t/a “Meru Express Services (1976)” & another v. Lubia & another (No 2)

(1985) JELR 100195 (CA)

Court of Appeal  •  Civil Appeal 21 of 1984  •  27 Feb 1985  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KNELLER, NYARANGI JJA and CHESONI AG JA)

CIVIL APPEAL NO 21 OF 1984

KEMFRO AFRICA LIMITED T/A “MERU EXPRESS SERVICES

(1976)” and GATHOGO KANINI................................APPELLANTS

VERSUS

AZIRI KAMU MUDIKA LUBIA and ANOTHER.......... RESPONDENTS

(Appeal from the High Court at Nairobi, Cockar J)

JUDGMENT

Myra Minayo (Myra) was driving her husband Aziri Kamu Mudika Lubia (Lubia) in his or their Peugeot 504 Saloon KPT 112 along the Meru Nyeri road towards Nyeri at 1.30 pm on Sunday July 2, 1978 and Gathogo Kanini (Kanini) was driving another vehicle KQR 334, which belonged to Kemfro Africa Limited trading as Meru Express Services (1976) (Kemfro) in the opposite direction and they collided at Kiganjo.

The Lubias had with them in this car their children – Margaret 9 1/2, Norbet 8 1/2, Olive 7 1/2, Peter 5 1/2, Ronald 1 1/2 - their ayah and the daughter of a friend.

Myra, Olive and Lubia were injured and were taken to hospital where Myra died the next morn…

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