W.K (MINOR SUING THROUGH NEXT FRIEND AND MOTHER L. K
V.
GHALIB KHAN & ANOTHER

JUDGMENT OF THE COURT

This is an appeal against the judgment and decree of the High Court dismissing the appellant’s suit for damages arising out of injuries sustained by the appellant in a road traffic accident.

The appellant being a minor filed the suit through her mother L.K as the next friend.

By the amended plaint the appellant averred, among other things, that in 26^th January, 1993 when she was walking by the road side along Ring Road Ngara in Nairobi, Ghalib Khan (1^st defendant) so negligently drove motor vehicle registration no. KZW 450 owned by Neer Construction (2^nd defendant), that it hit the plaintiff and occasioned her serious injuries. The particulars of negligence were specified as, driving at excessive speed in the circumstances; failing to keep proper look out, failing to see the plaintiff in time to avoid the accident and failing to stop, slow down or swerve.

The plaintiff pleaded that she would rely on the doctrine of res ipsa loquitur. Further she pleaded that as a res…