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Kenya Bus Services Limited & another v. Githae Gatururi

(2013) JELR 100110 (CA)

Court of Appeal  •  Civil Appeal 100 of 2004  •  12 Apr 2013  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, William Ouko

Judgement

JUDGMENT OF THE COURT

The respondent filed a suit in the High Court as the administrator of the estate of his late son, Taratasio Githinji Githae, (the deceased) who died in a road accident on 18th September, 1996. The accident involved a bus KUM 870 (the bus) belonging to Kenya Bus Services Ltd (the 1st appellant) on which he was travelling, driven at the time of the accident by the 2nd appellant and a lorry registration number KXT 825 (the lorry) along Ngong Road, Nairobi. The respondent blamed the driver of the bus for the accident and sought an award of general damages. For their part, the appellants denied liability and instead averred that the accident was caused by the driver of the lorry. As a matter of fact, the appellants took out a third party notice against the owner of the lorry, Njuguna Builders Limited, but later on, the third party notice was abandoned by counsel for the appellants.

The respondent called evidence from four witnesses while the appellants called the bus co…

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