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Michael Maina & Kenya Posts and Telecommunications Corporation v. Stanley Kigara Kagombe

(1996) JELR 99115 (CA)

Court of Appeal  •  Civil Appeal 109 of 1996  •  11 Oct 1996  •  Kenya

Coram
Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful defendants from a decree of the superior court (Ringera, J.) delivered on March 28, 1995 whereby he ordered the appellants to pay general and special damages arising from a road accident.

On November 10, 1991 the first appellant drove a Motor Vehicle Registration Number KZD 578 owned by the second appellant and as its agent along Karatina Nyeri Road when he collided with the respondent's Motor Vehicle Registration Number KRG 893 Datsun thereby seriously injuring him. His injuries included permanent blindness of the right eye, fracture of the right frontal bone, right clavicle, right 3rd 7th ribs, a fracture of the base of the first right metacarpal bone and the right leg, facial injuries and ruptured right quadricapts tendon and damage to the right eye. Following the accident, the first appellant was charged with the offence of careless driving contrary to Section 49(1) of the Traffic Act, Cap 403. He was found guilty and senteā€¦

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