JUDGMENT OF THE COURT
The respondent was at the time material to this appeal the registered owner of a motor vehicle (lorry) Registration Number, KAY 240 S, make Mercedes Benz which was engaged in the business of road transport. On 18th February while so engaged, and transporting wheat to Kampala from the Port of Mombasa, the vehicle which was being driven by Christopher Bossa, (PW1) was weighed at various weighbridges along the highway from Mombasa to Webuye, that is, at Mariakani, Athi River, Mai Mahiu, Gilgil and Webuye to ascertain its weight and to ensure it was within the legal maximum weight of 46,000 Kgs.
From the Port of Mombasa, through to Mai Mahiu the lorry was found to be within the permitted weight limit. The gate pass issued upon exit from the Port indicated the weight as 43,740. The tickets issued by the various weighbridges after the vehicle left Mombasa reflected the following weights.
Mariakani - 43,540 Kg
Athi River - 43,480 Kg
Mai Mahiu - 47,220 Kg
Gilgil - 40,655 Kg
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