PATRICK MUTIE KIMAU & ANOTHER V. JUDY WAMBUI NDURUMO

JUDGMENT OF THE COURT

Paragraph 5 of the respondent’s further amended plaint in the superior court was in the following terms:

“5. On or about the 6^th day of January, 1987 the plaintiff was lawfully walking by and/or crossing Racecourse Road within Nairobi Area when the first defendant acting as the authorised employee, servant, agent or driver of the 2^nd defendant so negligently drove, managed and/or controlled motor vehicle registration number KUQ 935 that the same violently knocked down the plaintiff thereby injuring her severely.”

The appellants’ response to this averment in paragraphs 4 and 6 of their statement of defence the in the aforesaid court was as follows:

The defendants deny that the plaintiff was lawfully walking by Racecourse Road as alleged paragraph 5 of the plaint and state that the plaintiff wrongfully, carelessly and or recklessly disregarding all safety precautions attempted to cross the said Racecourse Road in front of a stationary bus without taking any or any reas…