July 26, 1985, Hancox JA delivered the following Judgment.
The appellant sued in the High Court in Mombasa for damages for negligence arising out of an accident which occurred on March 24, 1978 at about 2.30 pm between an ombibus No KJV 719, belonging to the first respondent and that which was described as a country bus No KJT 047, belonging to the second respondent. She said she suffered an injury to her right eye as a result of flying glass, leading to the eventual loss of vision in that eye.
The two buses were driven at the material time by the third and fourth respondents respectively. There were four agreed issues of fact for decision by the learned judge, to which he added a fifth during the course of his judgment. He found that there was collision, in the sense of contact, which presumably projected beyond the main body of the bus, was damaged and its glass broken as a result.
The judge also found that the Kenya Bus, No KJV 719, was travelling on its wrong side of the road coming …