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…After hearing the submissions of the advocates, the learned judge held that Kakuzi had shown that on the balance of probabilities, Karuri was not acting within the scope of his employment at the time.…

…Ndoo had his judgment against Karuri, who did not appear and was not represented at the hearing, and the only question that remained was whether Ndoo was entitled to judgment against Kakuzi on the principle of respondeat…

…But when hearing of the suit opened before Cockar J on the 14th December 1982, both appellants reversed their position and admitted liability for negligence.…