Running down cause - liability - apportionment of liability as between the 1st Plaintiff and the 1st Defendant’s driver at 20:80% - damages - general damages - 1st plaintiff suffered post-traumatic epilepsy,poor memory,cognitive function,feeling of inadequacy,reduction of right upper limb function and chronic post-traumatic brain syndrome - pain and suffering Kshs.2,000,000 awarded - loss of future earnings -Kshs.9,082,000 awarded - special damages kshs.1,223,704.50 - 2nd plaintiff loss of use of motor vehicle Kshs.54,000 awarded - suit against 2nd defendant dismissed

[RULING] Civil Practice and Procedure - joinder of parties - leave granted to issue a third party notice - failure to serve the notice - application to have the proceedings against the third party struck on account of failure to serve the notice.

Criminal Appeal - offence of obtaining by false pretences contrary to section 313 of the Penal Code - ingredients of - accomplice - definition of

Negligence - action in negligence against an employer by an employee - electricity meter reader involved in road traffic accident on his motor cycle and suffering injuries while in the course of duty - allegation that employer was negligent in failing to supply protective wear and to maintain its motor vehicles - whether employer liable - quantum of general damages.

civil procedure and practice - application to restittute suit after it being struck out for non-appearance - that issues raised in application,go to the root of the claim and demand hearing - application allowed

[RULING] Civil Practice and Procedure - application for stay of execution and for setting aside order of committal to civil jail - grounds: that the applicant had filed a petition for Bankruptcy in which receiving orders had been issued - whether execution of warrants or decree could proceed against a Bankrupt

[RULING] Civil Procedure - summary judgment - application for the dismissal of a defence, for judgment as prayed in the plaint and for costs - Civil Procedure Rules Order VI Rules 13 (1), (b) and (d) and 16 - whether the suit was defective for misjoinder of parties and causes of action - whether the defence raised any substantive issues of law and fact - whether the suit may be properly determined through summary procedure

civil practice - tort - negligence - general damages for loss of leg - that the amount of general damages payable will be mitigated where the plaintiff is the original author of injuries and the defendants negligence only goes to treatment of the same

[ruling] civil procedure - application to strike out plaint for being time barred - application dismissed