REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CIVIL SUIT NO. 215 OF 2010 MARTHA KARUU KOBIA …………………....……PLAINTIFF VERSUS CHINA ZHONGXING CONST. CO. LTD ……1ST DEFENDANT MBATI JOHN ………………………..…….…2ND DEFENDANT COMBO DVD COACH LTD …………..….…3RD DEFENDANT RULING OF THE COURT 1. The Notice of Motion before the court is dated 26th April, 2016 seeking the following orders: a. That judgment on liability in this matter be and is hereby adopted in favour of the plaintiff as against China Zhongxing Construction Co. Ltd at 80% and against Combo Bus DVD Coach Ltd and Mbati John jointly 20% as per test suit H.C.A 201 “A” of 2011 – Machakos. b. That costs be in the cause. 2. The application is premised on the ground that the High Court has determined the apportionment of liability in Machakos H.C.A 201 “A” of 2011, which was a test suit on liability for the subject accident. That the adoption of the judgment in the test suit will pave way for finalization of this suit. 3. The application is not opposed. Mr. Ogode who held brief of M/S Mudaye on 24th October, 2016 when the application was heard did not object to the grant of the same. Neither is there a response to the application. 4. From the foregoing, this court finds that the application is merited and the same is allowed as prayed. DATED AND DELIVERED AT MACHAKOS THIS 29TH DAY OF NOVEMBER, 2016. E. OGOLA JUDGE In the presence of; Mr. Langalanga holding brief for Muinde for applicant No appearance for respondent Court Assistant – Mr. Munyao
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