PWANI WINES & SPIRITS MERCHANTS LIMITED & SHOKA TINGA V. HASSAN SAIDI NGONJA & ANNA NJOKA KAMBO

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court (Wambilyangah, J) delivered at Mombasa on 14^th day of July, 1994.

On 3^rd of December, 1990 at about 1.30 p. m. (not 7.30 p. m. as stated in plaint) the first appellant’s motor vehicle registration number KUV 732 (an Isuzu Canter hereinafter referred to as “the Canter”) was being driven by the second appellant (hereinafter to as “Mr. Tinga”) along Mombasa/Malindi Road some few kilometres from Mombasa.

The canter was involved in a road accident with motor vehicle registration number KWF 928, a Toyota Corolla Saloon (hereinafter referred to as “the Toyota”). Just before the collision the Canter was following a motor bus and a ‘Matatu'. The motor bus had entered a Bus bay and the ‘matatu' was in the process of slowing down or had slowed down as the bus had entered the bus bay. The Canter was being followed by another ‘matatu'. The Canter was on its way to Mombasa.

According to Mr. Tinga, there was no on…