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Unga Limited & Joash Owidi v. James Njuguna Njoroge

(2012) JELR 94450 (CA)

Court of Appeal  •  Civil Appeal 70 of 2007  •  9 Aug 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Martha Karambu Koome

Judgement

JUDGMENT OF THE COURT

1. This is a second appeal against the judgment of the High Court (Kimaru, J) which was delivered on 29th May, 2006. The episode that gave rise to the claim for special and general damages for loss of user of a motor vehicle occurred on or about 11th February, 1995. The respondent’s motor vehicle registration number KAL 687B was allegedly involved in an accident with the appellant’s motor vehicle registration

Number KAD 814R along the Eldoret/Nakuru road.

2. The respondent blamed the appellant for the accident as per the particulars of negligence and the consequential damages for the repairs as well as general damages for loss of user of the motor vehicle. The appellant filed a statement of defence denying liability in total and in the alternative, pleaded that if indeed an accident occurred it was caused by the negligence of the respondent’s driver.

3. After conducting a trial and considering the evidence, the learned trial magistrate arrived at the following conclu…

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