<p class="ql-align-center">IN THE COURT OF APPEAL</p><p class="ql-align-center">AT MOMBASA</p><p class="ql-align-center">(CORAM: NYARANGI, PLATT and GACHUHI JJA)</p><p class="ql-align-center">CIVIL APPEAL NO. 63 OF 1986</p><p class="ql-align-center">NAKURU AUTOMOBILE HOUSE LTD.............APPELLANT</p><p class="ql-align-center"><em>VERSUS</em></p><p class="ql-align-center">ZIAUDIN..............................................RESPONDENT</p><p class="ql-align-center">JUDGMENT</p><p class="ql-align-justify">This is an appeal from a judgment of Kneller, J (as he then was) given on February 1, 1985 whereby he awarded damages in the agreed sum of Kshs 30,000 plus interest and costs to the plaintiff for loss of the Bedford lorry KJJ 676. The action in the High Court arose out of a collision on Good Friday March 28, 1975 between a diesel 7 ton belonging to Nakuru Automobile House Ltd, the appellants. The two vehicles collided on the Mombasa Nairobi road, some 35 miles from Voi towards Mombasa. The driver of the Datsun saloon and his two Goan passengers were all killed. David Joshi, a step-son of Dass Joshi, the managing director of the appellant, survived. The plaintiff, registered owner of the Bedford lorry sued the appellants who were the registered owners of the Datsun…</p>