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Securicor Kenya Ltd v. Kyumba Holdings Ltd

(2005) JELR 93280 (CA)

Court of Appeal  •  Civil Appeal 73 of 2002  •  10 Jun 2005  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an appeal by the 1st defendant, SECURICOR KENYA LIMITED, hereinafter referred to as the appellant, against the judgment and decree of the High Court of Kenya at Nairobi (Ang’awa, J) given on 7th February, 2002, whereby the learned Judge awarded to the plaintiff, now the respondent, a sum of Kshs.976,895.20 together with interest being in respect of cost of repairs to the respondent’s motor vehicle negligently damaged by the 2nd defendant, John Karume, who is not a party to the appeal.

On 9th December, 1996, at about 9.30 p.m. The Honourable Mr. Mutula Kilonzo, the chairman of the respondent, a Senior Counsel and now a Member of Parliament, was driving home along Limuru Road in the respondent’s motor vehicle registration No. KZY 212 when at the section of the road outside Stima Plaza a matatu vehicle registration No. KWJ 816 travelling at a great speed from the opposite direction knocked down a pedestrian who was crossing the road as a result of which the ma…

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