RISPER ACHIENG ADEDE V. HAYER BISHAN SINGH & SONS

JUDGMENT OF THE COURT

This is an appeal by the plaintiff against the judgment of the superior court (Kuloba, J.) dated December 6, 1995 on appeal whereby he reversed the decision of the Principal Magistrate (Kanyangi, P.M.) and set the same aside.

The plaintiff sued the defendant for damages arising from a road accident on or about February 17, 1993. Her motor vehicle KAA 922R was being driven along Jomo Kenyatta Highway on its correct side when the defendant's motor vehicle entered the main road from the junction from the left without warning and without stopping at the junction. The Principal Magistrate found for the plaintiff and entered judgment for her for Shs.210,581/= being the cost of the repairs and Shs.60,000/= for loss of user with costs and interest.

On appeal to the superior court by the defendant, the learned judge held that the defendant's version of what happened at the accident was correct and that the plaintiff's suit should have been dismissed. On quantum, he held that…