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)
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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…