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Mary Wahito (A minor suing thru' next friend Gladys Wairimu Waiguru ) & another v. Kenya Posts & Telecommunications Corporation & another

(1997) JELR 99229 (CA)

Court of Appeal  •  Civil Appeal 116 of 1997  •  11 Dec 1997  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

This is an appeal against the decision of the High Court of Kenya at Nyeri (Ang'awa, J.) dismissing a claim by the appellants for damages, arising out of an alleged negligent driving by the second respondent of a motor vehicle belonging to Kenya Posts and Telecommunications Corporation, the first respondent in this appeal.

The action by plaint was not filed until one year and four months after the accident and the respondents pleaded that under Section 109 of Kenya Posts and Telecommunications Corporation Act Cap 411 Laws of Kenya (the Act) the suit was time barred and could not be maintained. The validity of this defence is the sole subject for consideration in the appeal before us.

The facts giving rise to the cause of action are that the second respondent was employed by the first respondent as one of its drivers. On the new year's day, 1st January, 1991, he was instructed to drive the first respondent's motor vehicle registration number KUL 819 from Nyeri to Mukā€¦

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