JUDGMENT OF THE COURT
This is an appeal from the ruling and decree of the High Court at Nairobi (Ang'awa, J.) dated 27th May, 2004.
The genesis of this appeal is that on 30th May, 1998 at about 4:00 p.m Anisa Sheikh Hassan aged 26 years (the deceased) was walking along 12th street road in Eastleigh Estate within Nairobi when she was run over by motor vehicle registration number KAA 948 L.
At the time of the accident, the motor vehicle was being driven by one Nigusu Worde, the first defendant in the High Court. The appellant, Abdullahi Ibrahim Ahmed brought a suit in the High Court as the personal representative of the estate of the deceased against Nigusu Worde on 22nd January, 2001. However, it later emerged that Nigusu Worde was not the registered owner of the motor vehicle. According to the records from the Registrar of Motor Vehicles one Simon Kimathi Murugu was named as the registered owner of the motor vehicle KAA 948 L the subject matter of this suit. Consequently, the appellant f…