TRANSPORTERS (K) LTD V. CHARLES MUGABO

JUDGMENT OF THE COURT

On 9th September, 1985, there was a traffic accident along the Bungoma-Busia road, involving motor vehicle registration numbers KWH 618 and KTD 689/ZA/1531 . Motor vehicle registration number KTD 689/ZA/1531 was owned by Tahir Sheikh Said Transporters (K) Ltd who is the appellant herein, while motor vehicle KWH 618 was owned by one Julia Muthoni Njoroge who was the second defendant in the superior court. The appellant was the first defendant in the superior court. Charles Mugabo, the respondent herein and a Ugandan school teacher was a fare-paying passenger in motor vehicle registration number KWH 618 when the accident occurred. He sustained various injuries as a result of the accident and by a plaint dated 29th September, 1987, but lodged in the High Court at Eldoret on 28th October, 1987, the respondent sued the appellant and Njoroge, alleging that the accident was due to the negligence of their respective drivers. The respondent claimed from them general damage…