TABITHA NDUHI KINYUA V. FRANCIS MUTUA MBUVI & CORNER GARAGE TRANSPORT LTD

JUDGMENT OF THE COURT

The present appeal emanates from a claim founded in Tort which was lodged by the appellant against the 1^st and 2^nd respondents herein. In a Plaint dated 3^rd March, 2004, filed before the Chief Magistrate’s Court at Nakuru, the appellant(plaintiff) sued the 1^st respondent (1^st defendant) and the 2^nd respondent (2^nd defendant) following a road traffic accident which occurred on 30^th April, 2004 at about 9:10 a.m. at Mukinyai along the Eldoret-Nakuru road, involving motor vehicle registration number KAG 062 D/ ZB 8562, Isuzu Semi Trailer and motor vehicle registration number KAQ 951 Q/ ZB 8037, Mercedes Benz Semi Trailer.

At the material time motor vehicle registration number KAG 062 D/ ZB 8562, Isuzu Semi Trailer which was owned by the 2^nd respondent was being driven by the 1^st respondent. The vehicle was en route to Mombasa from Kampala with a consignment of coffee. At Jogoo Training Centre, the 1^st respondent offered a lift to the appellant in consideration for a f…