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Kenya Breweries Limited & John Maina Karanja v. Alex Ephraim Induswe

(1998) JELR 100126 (CA)

Court of Appeal  •  Civil Appeal 215 of 1997  •  10 Feb 1998  •  Kenya

Coram
Gurbachan Singh Pall, Akilano Molade Akiwumi, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

The second appellant who was driving in the course of his employment with the first appellant, the car of the latter, was in an action brought against both appellants by the respondent, found to have contributed fifty per cent to the cause of the motor accident in which the respondent sustained injuries. The learned judge then ordered that the appellants jointly and severally, pay general and special damages of Kshs.225,000.00 and Kshs.44,481.00 respectively, to the respondent. The appellants were also ordered to pay the costs of the suit. The appellants have appealed against the related judgment of the learned judge on the grounds that the learned judge erred in his findings as to the speed at which a car may be safely driven and that the second appellant had failed to keep a proper look out.

Briefly, the facts of the case according to the respondent, were that on the morning in question, he wanted to cross Outer Ring Road and before doing so, saw approaching from…

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