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Kenya Bus Service Limited v. Joseph K. Ayora

(1994) JELR 100111 (CA)

Court of Appeal  •  Civil Appeal 183 of 1992  •  30 Sep 1994  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

This appeal arises out of a suit decided in the High Court of Kenya at Eldoret (Aganyanya, J) in which the respondent claimed damages for the injuries he sustained when he fell off a motor omnibus registration KWX 892 belonging to the appellant along Juja Road, Nairobi on July 1, 1986. The trial judge found in favour of the respondent and awarded him Shs 350,000/- general damages less 45% contributory negligence attributed to the respondent.

From this judgment the appellant, represented by Mr Billing, has appealed. The first ground of appeal is that the respondent’s evidence and that of his witness (PW2) is contrary to what is pleaded in the plaint and that the learned trial judge misdirected himself in failing to reconcile that contradictory evidence. The plaint averred that the respondent was thrown out of the moving bus through the rear door but both he and his witness (PW2) in evidence agreed that the respondent fell out through the front door. We observed from…

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