IN THE COURT OF APPEAL
AT MOMBASA
(Coram: Platt, Gachuhi JJA and Masime Ag JA)
CIVIL APPEAL NO 91 OF 1987
Between
NANDWA....................................................................PLAINTIFF
AND
KENYA KAZI LTD.................................................RESPONDENT
(Appeal from the High Court at Mombasa, Bosire J)
JUDGMENT
March 10, 1988, Gachuhi JA delivered the following Judgment..
The plaintiff filed a suit against his employer claiming that the employer was negligent in failing to mechanically maintain the vehicle before allowing the plaintiff to drive it on his normal duties. By the agreement of the parties, the learned judge was required to determine the liability, the quantum having been agreed. After the trial, the learned judge dismissed the plaintiff’s claim, hence this appeal.
At the material time, the plaintiff was employed as a driver. He took the vehicle in the evening. While on the way to where he was going, a vehicle overtook them. He had another employee in the front pa…