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Mureithi v. Wambui & 2 others

(1994) JELR 98810 (CA)

Court of Appeal  •  Civil Appeal 105 of 1988  •  6 Dec 1994  •  Kenya

Coram
Akilano Molade Akiwumi, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Cockar, Muli and Akiwumi JJ A )

CIVIL APPEAL NO. 105 OF 1988

BETWEEN

MUREITHI..............................................................................APPELLANT

AND

WAMBUI and 2 OTHERS................................................RESPONDENTS

(Appeal from the judgment and decree of the High Court of Kenya at Nairobi (Mr Justice Mbogholi-Msagha) dated the 5th day of April 1988

in

HCCC No 1079 of 1988)

***************************

JUDGMENT

On 7th September, 1984, a motor accident occurred on the Maragau/Murang’a highway which is a major road. The accident involved an Isuzu matatu registration No KUD 817, and a Toyota lorry registration No KPM 114. A passenger in the matatu, Benson Kanyare, as well as the matatu driver, Joseph Muraguri, were killed as a result of the accident. The lorry driver, Michael Nduru, however, survived the accident. The owners of the matatu and the lorry and the lorry driver were jointly and severally sued by the widow of Benson K…

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