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Municipal Council of Nakuru & another v. David Mburu Gathiaya

(1993) JELR 98822 (CA)

Court of Appeal  •  Civil Appeal 51 of 1989  •  13 Oct 1993  •  Kenya

Coram
Johnson Evan Gicheru, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Gicheru, Cockar and Muli JJ A)

CIVIL APPEAL NO 51 OF 1989

MUNICIPAL COUNCIL OF NAKURU and ANOTHER ........... APPELLANTS

VERSUS

GATHIAYA........................................................... RESPONDENT

JUDGMENT

This is yet another instance in which a young man’s life has been battered and shattered as a result of a motor accident which occurred on the 11th September, 1975 near Nakuru Town. The respondent was walking on the left side pavement of Nakuru - Nairobi Road when he was violently hit from behind by a vehicle registration number KNR 1 owned by the 1st appellant and, at the material time, being driven by the 2nd appellant in the course and scope of his employment with the 1st appellant. It was about 11.30 pm, when the respondent and other school children left State House after entertaining the late President. The group of the children including the respondent had just crossed the main Nairobi – Nakuru Road and was walking on their left side…

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