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)
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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 …