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JONATHAN NJENGA
V.
HASSAN FARAJ ABOUD

(1987) JELR 104740 (CA)

Court of Appeal 30 Apr 1987 Kenya
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Case Details

Suit Number:Civil Appeal 97 of 1986
Judges:John Mwangi Gachuhi, James Onyiego Nyarangi, Harold Grant Platt
Location:Mombasa
Other Citations:Jonathan Njenga v. Hassan Faraj Aboud[1987] eKLR

JUDGMENT

The direct question in this case is whether the defendant (appellant) who on the 13th day of August, 1980 owned and drove vehicle registration mark KVF 971 when it collided with the Toyota Corolla registration mark No KJQ 224 owned and driven by the plaintiff (respondent) as a result of which the Toyota was damaged extensively causing the plaintiff to suffer loss, expense and damage committed the various acts of negligence the particulars of which are set out in paragraph 5 of the plaint.

The background facts giving rise to this appeal are important and can be stated briefly. The plaintiff owner of the motor-vehicle registration mark KJQ 224 was driving his vehicle at a speed of 15 to 20 KPH from Mwembe Tayari towards Langoni Road ahead where there is a roundabout where some seven roads end at the junction of Digo Road Half-way within the roundabout and while facing Langoni Road, the plaintiff heard a bang on his left hand near-side passenger door. In the view of the plaintiff,…

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