IN THE COURT OF APPEAL
AT NAKURU
(Coram: Apaloo CJ, Gachuhi and Omolo JJ A)
CIVIL APPEAL NO 75 OF 1991
NAIROBI BUS UNION....................... APPELLANT
VERSUS
DEXTER IRERI IMANENE ............... RESPONDENT
(Appeal from the judgment of the High Court of Kenya at Eldoret
(Mr Justice KKS Aganyanya) dated 24th May, 1989
in HCCC NO 74 OF 1987)
JUDGMENT
Nairobi Bus Union, the appellant herein, is a public transport company and on the 27th February, 1983, Dexter Ireri Imanene, the respondent, was seriously injured when the appellant’s motor omnibus Reg No KVK 746 in which the respondent was a fare-paying passenger veered off the Nakuru- Kericho Road and overturned. The respondent thought the appellant’s driver or agent in charge of the bus was negligent in the manner in which he drove, managed and controlled the appellant’s bus thus causing the accident and so in April, 1987, the respondent instituted a suit against the appellant claiming general and special damages for the injuries he sustained dur…