judy.legal
Login Register

Sumer Singh Bachu v. Nicholas Wainaina Kago Waweru

(1976) JELR 93087 (CA)

Court of Appeal  •  Civil Appeal 14 of 1976  •  4 Sep 1976  •  Kenya

Coram
Justin Saulo Musoke, Cecil Henry Ethelwood Miller, Samuel William Wako Wambuzi

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NATROBI

(CoramWambuzi P, Musoke Ag VP and Miller J )

CIVIL APPEAL NO. 14 OF 1976

BETWEEN

SUMER SINGH BACHU ................................................APPELLANT

AND

NICHOLAS WAINAINA KAGO WAWERU ............RESPONDENT

JUDGMENT

Musoke Ag VP.The appellant filed a suit in the High Court at Nairobi claiming damages against the two respondents jointly and severally for injuries he sustained in a road accident when he was knocked down by a motor vehicle which was jointly owned by the defendants and was being driven by the first defendant. Neither defendant entered an appearance.

At the hearing of the suit ex parte under Order IXA rule 8 of the Civil Procedure Rules, it was proved that the motor vehicle in question was jointly owned by the defendants and that the first defendant was driving it negligently at the time of the accident. At the close of the plaintiff’s case, Mr O Kapila, who was presenting the case, stated in answer to an enquiry from the benc…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login