SALIM S. ZEIN T/A EASTERN BUS SERVICE & MUSANGO EUULE LELE V. ROSE MULEE MUTUA

JUDGEMENT OF THE COURT

Rose Mulee Mutua (hereinafter called “the plaintiff”) sued Salim Zein t/a “Eastern Bus Service” and Musango Lole (hereinafter called “the first defendant” and “the second defendant” respectively), in the superior court, to recover damages for personal injuries she sustained on 4^th June, 1990, when a motor vehicle registration No. KAA 695 M, owned by the first defendant, but was at the material time being driven by the second defendant in the course of his employment with the first defendant, in which she was travelling as a fare-paying passenger, was involved in an accident.

There is no clear averment in the plaint how the alleged accident happened, but as liability was admitted, and no evidence was led by the plaintiff at the trial, the circumstances of the accident must remain a matter of speculation about which this Court can do nothing at this stage. In his defence, the first defendant admitted that the accident occurred along Makutano/Machakos road but did no…