UGENYA BUS SERVICES V. GACHOKI

JUDGMENT BY MADAN JA.

This appeal arises out of a collision which happened on the evening of November 30, 1974 when the respondent (plaintiff) was driving motor vehicle registration number KGC 266 out of Naivasha to go home at an agricultural station where he was employed as a field officer instructor. To do so he had to get into a turnoff which was on the right side of the main road when facing Nairobi about 1 1/2 Kilometres to 2 kilometres out of Naivasha. The main road was tarmac and the weather dry.

It is dreadful that the suit the subject matter of the appeal which was instituted in the High Court’s registry at Nakuru on October 1, 1975 for whatever reasons, was not heard until October 8, 1981.

The plaintiff turned on his indicators to signal his intention to turn right. He did so slightly and stopped to let pass an on-coming vehicle which passed. The plaintiff saw by lights that a vehicle was coming up from behind him. As he was preparing to turn into the side road he heard a heavy…