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Simon Muchemi Atako & Peter Ambani Shrindwa v. Gordon Osore

(2013) JELR 94955 (CA)

Court of Appeal  •  Civil Appeal 180 of 2005  •  8 Nov 2013  •  Kenya

David Kenani Maraga, Jamila Mohammed, Kathurima M'inoti



By a plaint filed in the High Court at Nairobi on 22nd January, 2002, the appellants, SIMON MUCHEMI ATAKO and PETER AMBANI SHRINDWA lodged a claim against the respondent, Gordon Osore for damages, interest and costs for personal injuries sustained in a motor vehicle accident. They pleaded that on or around 5th November, 1999, while travelling as fare-paying passengers along Mumias-Musanda road in motor vehicle No. KZN 060, owned and driven by the respondent, his driver or agent, the said motor vehicle was driven so negligently that it lost control and overturned, occasioning them various personal injuries. The particulars of negligence on the part of the respondent, his driver or agent and the particulars of injuries sustained by the appellants were pleaded in paragraphs 5 and 6, respectively of the plaint.

On 15th July, 2002 the respondent entered appearance and filed a defence to the claim. In paragraph 3 of the defence, the respondent admitted that an accident o…

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