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Ndoo t/a Ngomeni Bus Service v. Kakuzi Ltd

(1984) JELR 98495 (CA)

Court of Appeal  •  Civil Appeal 50 of 1983  •  10 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram: Kneller JA, Chesoni and Nyarangi Ag JJA )

CIVIL APPEAL NO. 50 OF 1983

BETWEEN

NDOO T/A NGOMENI BUS SERVICE........................................APPELLANT

AND

KAKUZI LTD..............................................................................RESPONDENT

(Appeal from the High Court at Nairobi, Hancox J)

JUDGMENT

On Sunday, August 6, 1972, at about 9.30 pm a motor vehicle registration number KMK 48, belonging to the respondent (“the employer”) and driven by Henry Ngugi Karuri (“the employee”), who was employed by the respondent as a Horticultural Field Assistant, collided with the appellant’s motor bus registration number KMA 995, along the Garissa/Thika Road. The appellant filed an action against the respondent and the driver jointly and severally, for Kshs 26,916/60, being the cost of repairs, interest on the said sum and costs of the suit were also prayed for. The respondent filed a defence in which it admitted being the owner of motor vehicle KM…

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