IN THE COURT OF APPEAL
AT NAIROBI
( Coram:Gachuhi, Muli and Tunoi JJ A )
CIVIL APPEAL NO. 79 OF 1988
BETWEEN
MARTIN A. WAINDI................................................................................................APPELLANT
AND
PHARMACEUTICAL MANUFACTURING CO.LTD and ANOTHER..................RESPONDENTS
(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (A M Cockar, J) dated 25th April, 1986
in
Civil Case Number 1624 of 1979)
********************************************************
JUDGMENT
This is an appeal from a decision of the High Court of Kenya at Nairobi (Cockar J as he then was) dismissing a claim for damages for injuries sustained by the appellant following an accident which occurred on 9th January, 1978 when she was hit and knocked down by a motor vehicle Volkswagen combi registration number KPN 514 whilst she was walking across Haile Selassie Avenue, Nairobi. By her plaint dated 22nd May, 1979 she claimed that the second respondent who was driving the said…