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Shariff Salim & another v. Malundu Kikava

(1989) JELR 95219 (CA)

Court of Appeal  •  Civil Appeal 15 of 1989  •  13 Oct 1989  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, John Mwangi Gachuhi

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(Coram:gachuhi, Gicheru and Kwach JJ A)

CIVIL APPEAL NO 15 OF 1989

SHARIFFSALIM and ANOTHER..............................APPELLANT

v. ERSUS

MALUNDU KIKAVA ...........................................RESPONDENT

JUDGMENT

(Appeal from the judgment and decree of the High Court at Mombasa, Bosire J,

in HCCC No 865 of 1983 dated 9th November 1987)

************************************

October 13, 1989 the following Judgment of the Court was delivered.

On March 18, 1983, Shariff Salim (the first appellant), was driving a motor vehicle registration number KTB 115 owned by Simbarite Ltd (the second appellant), in the course of his employment with the second appellant, along Nyali Road in the direction of Bahari Club, when he was involved in a collision with a cyclist, Malundu Kikava (the respondent), in consequence whereof the respondent sustained personal injuries and material damage to his bicycle. He brought an action for damages against the appellants. The trial judge …

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