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MOSES M. NJOROGE & JOHN KAMAU V. SAMAT BHIMA

(1994) JELR 98923 (CA)

Court of Appeal  •  Civil Appeal 123 of 1986  •  15 Dec 1994  •  Kenya

Coram
Philip Kiptoo Tunoi, Abdul Majid Cockar, Mathew Guy Muli

Judgement

JUDGMENT

This is an appeal from a judgment of the High Court of Kenya at Eldoret (Patel J) awarding the respondent the sum of Shs 412,317.00 representing special damages, general damages and interest thereon in consequence of the proven negligence on the part of the second appellant in driving a lorry motor registration number KRF 345 belonging to the first appellant on 5th August, 1978, at about 2.30 pm along Nairobi – Nakuru Road, whereby the same collided with the respondent’s car motor registration number KLR 155, a Peugeot 504 saloon, occasioning the respondent grave injuries.

During the trial, the respondent testified that on the material day he was on his way to Eldoret having left Nairobi at about 12.30 pm. His wife was in the front passenger seat and their child in the rear seat. At Ilkek, near Gilgil, he approached a car bearing Uganda registration numbers ahead of him. At a distance away from that foreign car was a bridge. As he neared the bridge he saw a lorry approaching th…

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