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Kibet Arap Meto & Bingo Carriers Ltd v. Philip W. Kihanguru , Paul W. Kihanguru,Joram Kibaki Kamau & Geoffrey Gichuki Kabuthia

(2002) JELR 103724 (CA)

Court of Appeal  •  civ app 120 of 00[1]  •  29 Nov 2002  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Effie Owuor

Judgement

JUDGMENT OF THE COURT

This is the second appellant's appeal from a decision of the High Court of Kenya at Nakuru, Honourable Rawal, Commissioner of Assize (as she then was), given on 25th August, 1999, whereby she allowed an appeal against the judgment and decree of the Senior Resident Magistrate, Nakuru, and held in lieu thereof that the second appellant was vicariously liable for the negligent acts of the first appellant and that therefore both the appellants were jointly and severally liable for the damages awarded against them in favouTrh eo f fatchtes regsipvoinndge nrtiss.e to the suit the subject matter of the appeal before us are largely not in dispute and are as follows:The second appellant is a company engaged in transport business and owns an Isuzu lorry registration number KWQ 428. The first appellant is its driver. The four respondents are petty retail businessmen engaged mainly in the selling of vegetables, fruits and sugar cane. They purchase these from Suneka market in …

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