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NJAU NYANJUI THITU & ANOTHER v. LAWRENCE KIMANI NYANJUI & 7 OTHERS

(2007) JELR 98657 (CA)

Court of Appeal  •  Civ Appli 132 of 2006  •  2 Feb 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu

Judgement

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET Civil Case 142 of 1986 JACKSON MOGAKA TONGI........................................................PLAINTIFF - versus - MOSES MABELS and DANIEL SOKONYI MASIBO...........DEFENDANTS JUDGEMENT The plaintiff sued the defendants jointly and severally seeking damages for injuries sustained in an accident involving the defendants motor vehicle in which he was travelling as a fare paying passenger which accident occurred along the Kitale-Webuye road and which accident was due to the negligence of the defendants, their servants and or agents whose particulars are given. The plaintiff suffered injuries also particularized in the plaint for which he claims both special and general damages. The defendants were served and they entered appearance and filed a defence avering that save that an accident occurred on or about the 9th day of October 1983 along Kitale-Webuye road to vehicle registration number KSG 714 owned by the first defendant and…

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