JUDGMENT OF THE COURT
We think there is no merit in the appeal and the crossappeal with regard to liability and the apportionment thereof between the appellant, Alfarus Muli, and the 2nd respondent, Dodhia Stores. The evidence adduced before the learned judge of the superior court (Osiemo, J) clearly showed that motor vehicle registration No. KJP 663 collided with another motor vehicle registration No. KZM 720. The 1st respondent, Lucy Lavuta, was a fare-paying passenger in vehicle registration No. KJP 663 which was being used by the appellant as a "matatu" plying the route between Nairobi and Machakos. KZM 720 was a lorry belonging to the 2nd respondent. The 1st respondent was sitting on the front seat with the driver employed by the appellant and it was common ground in the superior court that the vehicle of the appellant was following that of the 2nd respondent. It was in those circumstances that the two vehicles collided and it was agreed that the 1st respondent was injured during …