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…Hence the issue now is to determine the degree of negligence of each driver. It is not in dispute that the lorry was driving downhill while the ambulance was going uphill.…

…In my view that is the only negligence that can be attributed to the driver of the ambulance otherwise this accident occurred due to the negligence of the lorry driver.…

…The plaintiff based his claim on the 1st defendant’s negligence for which the 2nd defendant firm is vicariously responsible. The defendants, for their part denied negligence.…

…I think the lst defendant was negligent and that his negligence was the substantial cause of the accident. I use the word “substantial” advisedly because, I cannot acquit the plaintiff of all blame.…

…Mr Otieno for the plaintiff stressed that even if the 2nd defendant’s account as to the cause of accident is accepted it still displayed a certain amount of negligence on his part.…

…After considering the cause of accident from all its angles in my view there was no negligence at all on the part of the 2nd defendant. The accident had been made inevitable by the action of the plaintiff herself.…