Customer Support

PATRICK MUTIE KIMAU & ANOTHER
V.
JUDY WAMBUI NDURUMO

(1997) JELR 95685 (CA)

Court of Appeal 15 Aug 1997 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 254 of 1996
Judges:Johnson Evan Gicheru, Samuel Elikana Ondari Bosire, Barabara Kiprugut Tanui
Location:Nairobi
Other Citations:Patrick Mutie Kimau & another v. Judy Wambui Ndurumo [1997] eKLR

JUDGMENT OF THE COURT

Paragraph 5 of the respondent’s further amended plaint in the superior court was in the following terms:

“5. On or about the 6th day of January, 1987 the plaintiff was lawfully walking by and/or crossing Racecourse Road within Nairobi Area when the first defendant acting as the authorised employee, servant, agent or driver of the 2nd defendant so negligently drove, managed and/or controlled motor vehicle registration number KUQ 935 that the same violently knocked down the plaintiff thereby injuring her severely.”

The appellants’ response to this averment in paragraphs 4 and 6 of their statement of defence the in the aforesaid court was as follows:

The defendants deny that the plaintiff was lawfully walking by Racecourse Road as alleged paragraph 5 of the plaint and state that the plaintiff wrongfully, carelessly and or recklessly disregarding all safety precautions attempted to cross the said Racecourse Road in front of a stationary bus without taking any or any reas…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.