JUDGMENT
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 after hearing evidence apportioned contributory negligence between the first appellant and the respondent at 25% and 75% respectively. He made an order for interest to be charged on damages from the date of the suit until payment in full.
The appellants appealed against the decision of the High Court on a number of grounds but before setting them down, we think we should refer to one other matter which ultimately became the focal point of argument in this app…