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Nimrod N. Nchogu & Joseph Mumanyi Gutwa v. M. S. Chodha & Sons Limited

(1995) JELR 93867 (CA)

Court of Appeal  •  Civil Appeal 35 of 1995  •  24 Mar 1995  •  Kenya

Coram
Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

When Kisumu High Court Civil Case No.5 of 1985, now that subject-matter of the present appeal, was called for hearing on 15th July, 1992 the plaintiff, now the respondent in this appeal, was present but there was no appearance for the defendants, now the appellants herein, although the hearing notice for that day had been served on their Counsel, Mr. Moses Omwega Omanwa, on 4th June, 1992. Satisfied that the defendants were properly served with the requisite hearing notice but had not appeared to defend the suit against them, the learned trial judge, Shield, J. proceeded to hear the suit in their absence.

That suit concerned a claim of K.Shs.85,000/= by the plaintiff against the first and second defendants jointly and severally as special damages being the value of the plaintiff’s motor vehicle registration number KSL 843 which was a total loss consequent to a fatal accident in which it was involved with the first defendant’s motor vehicle registration No. KTU 955 …

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