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FRANCIS NDICHU GATHOGO
V.
EVANS KITAZI ONDANSA & ANOR

(2007) JELR 105082 (CA)

Court of Appeal 17 May 2007 Kenya
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Case Details

Suit Number:Civil Appeal 287 OF 2002
Judges:Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Nyeri
Other Citations:Francis Ndichu Gathogo v. Evans Kitazi Ondansa & another [2007] eKLR

JUDGMENT OF THE COURT

On some date which was never specified in the plaint, Francis Ndichu Gathogo’s motor vehicle Reg. No. KAE 971 M was alleged to have been rammed from behind by motor vehicle Reg. No. KAC 486T which was said to be owned and driven by Evans Kitazi Ondansa and Collindale Ltd. and as a result of the accident Mr. Francis Ndichu Gathogo, the appellant herein, suffered a loss of Kshs.197,360/- in the form of repair charges and damages of Kshs.5000/- per day for 71 days. With the greatest respect to Mr. Charles Kariuki, learned counsel for the appellant, and whose firm drafted the pleadings, the plaint was so badly drafted that it is difficult to make sense of its contents. As an example, paragraph 4 of the plaint which contains the basis of the claim, is in these terms:-

“4. At all material times to the suit, the plaintiff is the registered owner of motor vehicle KAE 971 M along outering road, Nairobi when near Mutindwa bumps the defendant, his driver agent, servant and/or…

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