NJOROGE NGANGA & JOHN M. MALENGAR V. THOMAS OLANDO AGOLA

JUDGMENT OF THE COURT

THOMAS OLANDO OGOLA, the respondent in this appeal (hereinafter called “the plaintiff”) sued NJOROGE NGANGA and JOHN MALENGA (herein after called “the first defendant” and “the second defendant” respectively) to recover damages for personal injuries sustained by him, and for material damage to his motor vehicle KTK 676 arising out of an accident involving his vehicle and a lorry registration No. KAA 618B, owned by the second defendant, but at the material time being driven by the first defendant, as the servant and agent of the second defendant.

The accident happened on 16.4.91 at about 8 p. m. just outside Ahero township at a road block mounted by the police after Nyando bridge. The plaintiff had been in Kisumu and was returning to his home at Nyabondo in Nyakach. He was accompanied by his brother who was on the steering wheel. When the police stopped them the plaintiff’s brother pulled over and stopped on his correct side and activated the hazard light. It was th…