CELTEL KENYA LIMITED & ANOTHER
V.
DANIEL MACHIRA MUTHIRI

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court, (Lagat-Korir, J.) dismissing the appellants’ appeal against the judgment and decree of the Senior Resident Magistrate, Kisii, (Hon. Oduor).

[2] The respondent herein sued the two appellants in the Senior Resident Magistrate’s Court at Kisii for damages for injuries he sustained in a road traffic accident. The respondent averred that at the material time, he was a lawful passenger in motor vehicle registration No. KAM 225Z registered in the name of Celtel Kenya Limited (1^st appellant)(Celtel) and driven by the 2^nd appellant, a servant of the 1^st appellant when it veered off the road and landed in a ditch due to negligence of the driver thereby occasioning serious injuries to the respondent.

He gave the particulars of negligence and the particulars of injuries he sustained.

[3] The appellants filed a joint statement of defence denying that the vehicle was registered in the name of the appellant; that the respon…