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KENYA NATIONAL HIGHWAYS AUTHORITIES
V.
DANEVA COMPANY LIMITED

(2016) JELR 103734 (CA)

Court of Appeal 1 Jul 2016 Kenya
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Case Details

Suit Number:Civil Appeal 80 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Kenya National Highways Authorities v. Daneva Company Limited [2016] eKLR

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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