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 KMK 48, but denied that Henry was acting as its servant or agent in the course of his employment, and, consequently, it also denied the negligence alleged in the plaint.
The High Court found that when the accident occurred, Henry was not at the time acting within the scope of his employment and hence dismissed the claim of the appellant with co…