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…