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Martlin A. Waindi v. Pharmaceutical Manufacturing Co.Ltd & another

(1994) JELR 99247 (CA)

Court of Appeal  •  Civil Appeal 79 of 1988  •  9 Jun 1994  •  Kenya

Coram
Philip Kiptoo Tunoi, John Mwangi Gachuhi, Mathew Guy Muli

Judgement

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…

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