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Nkuene Dairy Farmers Co-op Society Ltd & another v. Ngacha Ndeiya

(2010) JELR 96465 (CA)

Court of Appeal  •  Civil Appeal 154 of 2005  •  10 Dec 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, John walter Onyango Otieno, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

By his plaint dated 3rd July 1997 Ngacha Ndeiya, the respondent in this second and final appeal, set out in paragraph 5 particulars of damage to his motor vehicle registration No. KZC 257, arising from a motor traffic accident. In paragraph 6 of the plaint he averred that the aforesaid motor vehicle was repaired at a total cost of Kshs.131,443/= inclusive of spares and labour charges. He claimed that amount from Nkuene Dairy Farmers Co-operative Society Limited and James Kimathi, the owner and driver respectively of motor vehicle registration No. KAE 811 B, which allegedly collided with his vehicle as a result of which the particularized damage resulted. He also claimed loss of user of the motor vehicle during the period it was under repair at the rate of Kshs.1000 per day for 60 days. In a joint statement of defence the appellants herein as defendants in the suit, denied liability alleging that the respondent was negligent in the manner he managed and controlle…

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